Leadership Journal: Getting to Work

Wednesday, January 28, 2009

Getting to Work

Secretary Nepolitano meets with USCG Commandant Thad Allen at Coast Guard headquarters.

I’d like to take this opportunity to welcome you to the DHS Leadership Journal, our online forum for discussing issues and challenges facing the Department of Homeland Security as we work to keep our nation safe. I plan to be a regular contributor along with other senior leadership across the Department.

First, I’d like to recognize Secretary Chertoff and his team for the work they have done to ensure a smooth transition. I am honored to join Homeland Security and continue the important work begun by my predecessors to protect our borders, safeguard our infrastructure, and improve our nation’s abilities to prevent, respond to, and recover from natural and manmade hazards.

One of my first priorities as Secretary will be to meet with as many of the Department’s leaders and employees as possible. This past week, I met with leadership from each DHS component and will be visiting each of our headquarters in the coming days. On Thursday, I had the opportunity to visit with many of the men and women of the U.S. Coast Guard and received an in-depth briefing from Admiral Allen about major issues facing this agency. I look forward to similar visits to other components this week including TSA, ICE and USCIS.

I also initiated a process to assess and solicit employee input about the Department’s performance across what I see as its five core mission areas: protection, preparedness, response, recovery, and immigration. These “Action Directives” will measure the Department’s effectiveness at meeting its critical functions, from protecting our transportation systems and critical infrastructure to distributing homeland security grants, assessing risk, and sharing intelligence with our state, local, and tribal partners.

Our goal is to identify those areas that require immediate attention, develop strategies to address short-term needs and long-term goals, and provide clear, consistent direction on how we can more fully unify the Department. DHS has come a long way in its short history. Through these Action Directives, we can continue to focus on growth, integration and greater efficiencies.

There is no more important function of government than the protection of its people. Over the past few days, I’ve seen the dedication of the men and women in this Department in action. In the weeks and months ahead, we will continue to meet this challenge head-on, with the sense of urgency and purpose our citizens expect and our nation’s security requires. It is time to get to work.

Janet Napolitano

Secretary, U.S. Department of Homeland Security

Labels: About the Department, Secretary Napolitano

32 Comments:

Welcome Janet! I hope that you are finding the new job rewarding and challenging at the same time. I know that the position you now hold comes with its obstacles, but I'm confident that you'll keep our country safe and alert at all times. Thank you for your competitive spirit. America needs you!

By Mike New, At January 28, 2009 12:27 PM
Welcome to the Department Secretary Napolitano. We offer you best wishes and are honored to serve with you.

By Amver Maritime Relations, At January 28, 2009 3:00 PM
Secretary Napolitano,

Best wishes to you at DHS. I was very excited when I learned that President (elect at the time) Obama designated you for DHS Secretary. I completed two research papers in Graduate school discussing how Arizona was/is a best practice example for States in the immigration sector. Keep up the great work!

http://leefoster.blogspot.com

By Lee_Foster, At January 28, 2009 3:57 PM
Our President is facing a big challenge in to bring the Nation back on truck, but because he is an intellegent President he has been selected the best of his collaboratores and one of them is Ms. Janet Napolitano, Secretary, US Department of Homeland Security. Good Luck and keep it up the good work.

By wruddy, At January 28, 2009 5:30 PM
Hello Madam Secretary and congratulations on your new assignment. I am hopeful that you will bring a fresh perspective and new ideas to DHS. As a legal immigrant in waiting, I look forward to better resource utilization and more process transparency at the various DHS sub-agencies.

Again, best wishes to you!

By Syed, At January 28, 2009 10:56 PM
It is outrageous and unfair to American Workers that at the request of the Chamber of Commerce, the Obama Administration has again postponed implementation of the rule that existing federal contractors be enrolled in E-Verify! The deadline was moved back to May 21 at the earliest.
This postponement can only be determined to be pure pandering to special interest groups that do not care about what is best for American citizens or their families, in our time of fragile economic need!

THIS IS AN OUTRAGE! WE NEED E-VERFIY NOW TO SAVE OUR AMERCIAN JOBS FOR CITIZENS.

Only American Citizens and legal immigrants should be able to get jobs in the United States, E-Verify will make sure that is what happens! That is what is fair, and right, for the American People you represent!

Implement the E-Verify Rule NOW! Save American jobs!

By Anonymous, At January 30, 2009 10:50 AM
I look forward to the new administration doing a more credible job with TSA than the previous administration has done.

By Anonymous, At January 30, 2009 1:33 PM
How does the delay of enforcement of the E-verify rule help “Homeland Security”? Huh?

By Anonymous, At January 30, 2009 3:42 PM
This memo is written on personal title and is not meant to further the interests of immigration practitioners, but rather to inform, educate and to provide suggestions to the governor, incoming Secretary of the Department of Homeland Security, on:
1) How to increase efficiency in the existing system;
2) How to make simple but effective changes without congressional approval; and,
3) How to move forward with regard to security, unlawfully present aliens, immigration reform and related issues.

Immigration Reform is not the only approach to drastically change the landscape of immigration policy. Simple solutions that do not require congressional approval are plentiful and can be implemented by directives, guidance memo’s and orders may be more effective than a “stand alone” reform effort of existing law. The current unhealthy emphasis on enforcement by DHS even when it concerns affirmative applications has a sure toxic effect on immigration. Measures to address this agency-wide attitude at the top will result quickly in a more productive department.

A sad result of the creation of the Department of Homeland Security in 2003 is that immigration has become synonymous with being a threat to national security, skewing public opinion against the issue, having it been framed it as a negative rather than a positive. This attitude has trickled down through the entire DHS department on both the service and enforcement side, including the contractors that the department is using, such as call center operators, CCA, security guard providers, Wackenhut, etc.

It should be noted that bringing immigration into the realm of homeland or national security was a knee jerk reaction to 9/11. The subject, just as energy or trade, does not necessary belong in the same department that handles the secret service, disaster management and the protection of the homeland.

The truth is that reduced immigration and increased enforcement have exacerbated the economic problems that our country is facing. Although the problem only recently surfaced, practitioners in the field have projected for several years that the enforcement only policy would result in negative growth. Although it would be tempting for the new administration to continue the tough enforcement stance now that Americans are losing their job, the more productive approach would be to infuse our country with new capital, investment, brain- and man power, ensuring that our country will be able to survive the current recession.

1. Immediate Changes that do not require Congressional Approval

I. Service – Existing DHS policy and suggestions to increase efficiency

a. USCIS – Service Centers – samples of need for streamlining
i. The Service Centers in general are not open to the public. Any communication with the Service Center is impossible. The only form of communication is through the 1-800 number, where information officers have very limited or no information. This results in frustration and unnecessary delays.
ii. Clients pay significant fees for the submitted applications and these clients are not awarded sufficient service warranting these fees (example: an adjustment of status may cost a family of two adults and two children as much as $4,500 wit ongoing fees if the application is not adjudicated within 12 months).
iii. Filing instructions change on a constant basis which makes any continuity for a legal service provider impossible.
iv. The USCIS website is not customer/client friendly. It is impossible to navigate, unless you have some knowledge of the process. For example, please try to find the California Service Center address starting at the home page.
v. Service Center employees at the mail room or in lower echelon positions do not have the required knowledge to handle applications. They’re either contractors or not well trained. For example, correctly submitted applications are returned with requests for evidence, adjustment of status checks are wrongfully rejected – all of which causes delays and increase costs.

These are just some of the incidents that Arizona attorneys and their clients deal with on a daily basis. We would like to suggest to the governor to take a serious look at the current system and to analyze whether simple improvements, such as adequate training, increased staffing and accessibility could result in better efficiency and better “service”.

b. District Office
i. On the district level many of the same complaints apply, such as lack of accessibility and uninformed information officers at the booths.
ii. In addition, the emphasis of the district office is no longer service oriented. Starting with the access of the premises, this seems more an office of the FBI, DOD, than a service provider where applicants pay to obtain a benefit.
iii. Officers are enforcement oriented rather than service/benefit oriented – playing law enforcement under the pretence of Homeland Security. Denying applications or making unreasonable requests for evidence. This happens on all levels.

A directive from headquarters requiring an attitude adjustment will result immediately in increased productivity and approval percentages. The directive should include amenities, accessibility, accountability, etc.

c. Adjudication Process
i. Officers are instructed by supervisors/headquarters to scrutinize and find reasons to deny, rather than to find reasons to approve. Example: legitimate L-1 visas, Forms I-751’s, etc.
ii. Officers interpret eligibility as narrow as possible. For example “extreme hardship”, as in waivers of inadmissibility, is viewed as severe hardship, almost requiring a person to be on their deathbed in order to qualify. Similar problems apply to affirmative asylum applications (extreme denial rate), widow provision, etc.
Directives from headquarters to reassess this approach and to start interpreting eligibility for a benefit may result in faster processing time and more approvals. Please note that most of these cases do NOT involve criminal records and/or national security.

II. Enforcement – ICE and CBP policies

a. ICE Office of the Chief Counsel – Office of the Principal Legal Advisor
i. Mandate in Arizona, but also nationwide to appeal “everything”. Assistant Chief Counsels complain about this. Moreover, it is backlogging the entire system.
ii. ICE OCC and OPLA have criminalized administrative proceedings, treating respondents as hostile, specifically in detention situations, abusing power and taking advantage of lengthy procedure while respondent is in detention (basically forcing respondent “to give up).
iii. Respondent is not entitled to “effective assistance of counsel”, giving ICE unfair advantage.
iv. ICE OCC is unreasonable when it comes to proving eligibility or bond.
Prior INS Counsel under DOJ (until 2003) had limited resources, but was also limited to staying within the boundaries of the administrative process. With the enormous budget allotted to enforcement this agency’s powers have grown tremendously putting pressure on the entire system and allowing it topple. ICE OCC/OPLA should be directed to approach immigration proceedings as designated by Congress: administrative proceedings to determine if an applicant is eligible for relief, rather than another enforcement tool. Contrary to what the mission statement of OPLA seems to suggest, the interests of the US government are not served by appealing everything and fighting every respondent. Please compare to zoning law and other types of administrative law.

b. ICE Investigations and Detention and Removal (DRO)
i. Officers are instructed to be harsh to anyone who may come in contact with ICE;
ii. There is hardly any regard for family unity, circumstances, etc;
iii. When a person doesn’t have a lawyer, human and constitutional rights are violated constantly – 4th amendment issues, 5th amendment issues on a daily basis;
iv. Continuous detention for respondents who do not pose a danger or flight risk;
v. Officers in general look at the removal of a person as the ultimate result, rather than understanding the bigger picture and will only in a very few instances cooperate with an attorney;
vi. No room for negotiations with regard to custody even when it concerns minors or women.
vii. A new strategy by ICE is to bypass the Immigration Court and go directly to Federal Court and have the US Attorney’s office bring criminal charges.

ICE DRO and Investigations needs an overhaul. Not every person who comes in contact with ICE should be presumed to be illegally in the US, a threat to our security or should be considered for deportation. There are many shades of gray in this field and ICE DRO should be instructed to be prudent rather than excited about deporting people (the current attitude has lead to law suits, accidents, deportation of US citizens, etc).

A directive from headquarters to ICE OCC and ICE DRO to reevaluate and re-focus operations toward serious crimes and national security will immediately result in less backlog at the courts and increased efficiency with regard to the defense of homeland security.

c. ICE and Local Law Enforcement
i. A separate issue is the so-called 287(g) agreement with local law enforcement. These agreements lead to criminalization of any immigration violation, which by nature is not a criminal act, unless in very specific situations. These agreements have led to raids, arrests, etc. that would otherwise be illegal.

DHS should rescind all 287(g) agreements immediately and evaluate the pro’s and con’s of local law enforcement getting involved in Federal affairs. Thus far the 287(g) agreements have proven to be disruptive and dangerous to the community.

III. Court System
a. Department of Justice and Executive Office for Immigration Review (EOIR)/BIA
i. The appointed members of the Board of Immigration Appeals continuously decide cases in favor of DHS even when Circuit Court precedent or a reasonable interpretation of Congress intent is contrary to the ruling.
ii. Specifically, the BIA is awarding unprecedented powers to itself, the courts and DHS that do not belong in administrative proceedings where simple constitutional rights and due process do not apply (ex. Hearsay is allowed, court can consider unsubstantiated evidence in bond hearings, burden of proof on respondent rather than the government, etc)
iii. The new practice manual is extremely burdensome on respondents and practitioners. It’s basically a copy of the federal practice manual, but again without the safeguards of a normal civil or criminal proceeding. The burden is unevenly distributed.
DHS’ sister department: DOJ should also evaluate its procedures and possibly revoke the new practice manual and other policies unnecessarily burdening the respondent.

b. Appeal Courts
i. In similar fashion the appeals courts have recently made very conservative and hostile rulings towards aliens – on drug paraphernalia, overstay, unlawful presence, visa waiver program etc. Experience immigration practitioners conclude that many of these decisions are contrary to what appeals courts have decided previously. Moreover, some decisions are plain wrong, impractical and unreasonable.
The new Secretary should take this all in account when considering changes to the immigration system. Without addressing the issues as described above, immigration reform would not result in a more effective system, but rather be a temporary band aid to an existing problem.

2. Changes that do require Congressional Approval – prior to CIR

a. Section 249 of the Immigration and Nationality Act:
Sec. 249 Record of Admission for Permanent Residence in the Case of Certain Aliens Who Entered the United States Prior to January 1, 1972
A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under section 212(a)(3)(E) or under section 212(a) insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens, and he establishes that he--
249(a) entered the United States prior to January 1, 1972;
249(b) has had his residence in the United States continuously since such entry;
249(c) is a person of good moral character; and
249(d) is not ineligible to citizenship and is not deportable under section 237(a)(4)(B).

In other words a green card is available to those who can prove that they have been living in the US since December 31, 1971. Since 1998 I have had the privilege of coming across one case that could qualify. The date should be made dynamic or fluid and change with every calendar, similar to priority dates in the visa bulletin. The new date should start at least 10-15 years beyond what is the current date. A change of this date would capture a large percentage of the current illegal population.

b. Section 212(a)(9)(B) covers unlawful presence and the so-called three and ten year bar. This specific section is the main cause of the current explosion of people who are in the US unlawfully. People who had been traveling back and forth between the US and Mexico prior to 1997 found themselves stuck in the US, because if they left they would be barred for either three or ten years. Most workers/migrants therefore remained in the US unlawfully since 1997 and their families have strong ties to the US (born here, going to school here, etc). This section is cause for great hardship, but also puts a tremendous stress on the system, because it prevents people from coming forward.

Section 212(a)(9)(B) should either be repealed or amended to allow adjustment of status and travel for those who have family in the US, have been in the US for a significant time, contribute to the US, but who also may have ties to Mexico or other countries.

c. Section 245(i) allows adjustment of status for those who have been unlawfully present but for whom an immigrant petition (or Labor Certification) was filed prior to April 30, 2001. This Section was originally put in the INA to offset Section 212(a)(9)(B) with a sunset date of January 14, 1998. That date was subsequently altered to a later date and then finally to April 30, 2001. This cutoff date is completely arbitrary (see also Sec. 249).
This date of April 30, 2001 could be amended to a future date which would allow many people who are currently unlawfully present to adjust. Moreover, pending litigation on both 245(i) and 212(a)(9) is terribly confusing and as a result the service is holding many cases in abeyance. The sections are contradictory to each other. The issue should be resolved at the congressional level.

3. e-Verify, Dream Act and miscellaneous issues
Although E-Verify might be a good tool to verify employment authorization of workers, please note that US citizens’ information should not be held or managed by DHS (CIS) – an agency designed to handle citizenship and immigration matters. A legal analysis should be done to determine legality and constitutionality. An alternative should be explored.

The Dream Act deserves to be passed as quickly as possible.

When proposing CIR, please note that potential applicants would be willing and able to pay significant fines to fix their immigration situation, if and when DHS can offer a fast, expeditious process with the safeguards that an applicant would not be deported if and when he/she would qualify for a benefit. Therefore, it is important that pre-CIR measures take place immediately to change the attitude and approach of the Service.

Streamlining of jurisdiction, policies, procedures and applications will be important to the strength of the system.

A comparison study will show that there is no magic bullet to fix an immigration system, since by definition it will remain an area in conflict. The dynamics always change and citizens are naturally adverse to influx of foreigners. This holds true for every country (I can speak from experience).

The US government will have to engage in a serious public relations effort using facts and evidence to restore the image and public opinion of immigration and immigrants. For instance, simple mathematical evidence will show that in Arizona the net economic and social gains of having immigrant workers outweigh the burden/costs.

The focus of enforcement will have to shift immediately to national security and serious crime prevention. Please note that criminal offenses such DUI’s, drug possession of marijuana for own use, etc. are generally not a threat to national security, but it seems that ICE focuses on these kinds of offenses. Also, ICE recently started to use new powers to go after immigrants (lawful permanent residents) who may have committed a crime many years ago, but who have since turned their lives around. This is not a productive approach to defending the homeland.

CONCLUSION
I have attempted in this memo to give suggestions that could be implemented immediately and that would come before any true effort of serious and Comprehensive Immigration Reform, since it could likely take many months to years before such reform would take effect.
I believe that immediate action is necessary, not only for the benefit of the immigrant or the system itself, but to further the interests of the American people who need the influx of new capital, labor, consumers, investors, brain power, inventions and ideas. Our economy leans on capitalist principles which rely on growth. Without an efficiently run immigration system I’m concerned for the health and the future of our society, since without growth and integration of new arrivals we would lose our solid foundation and basis for existence and our country could end as a declining power in a new global world order.

David Asser
December 18, 2008

By David Asser, At January 31, 2009 11:36 AM
I think that it's refreshing to see DHS leadership acknowledging the mission areas that Sec. Napolitano has laid out. They are very close to the critical phases of an emergency (replacing mitigation with immigration) and if she organizes the priorities and DHS leadership along those lines, then there will be an excellent chance that the department can start tracking its activities effectively. The next step of course is to align those priorities along the critical infrastructure areas. I wrote a paper on that idea a few months back and I look forward to seeing its implementation.

By Stephen R. Melvin, At February 1, 2009 6:18 PM
I would like to encourage you to review the manner in which county governments are equitably applying funding and inclusion with the planning and mitigation process on readiness for vulnerable populations. Solutions serving vulnerable populations can also serve not so vulnerable populations.
• How can we improve reports sent to you from county government related to vulnerable populations participation?
• The notion that citizens and non-profits are disconnected or selectively underrepresented from the funding and mitigation, response, recovery process by local politics is a problem, how can this be improved.
• Please review HR 5890 from 2008
• Thank you for your consideration and time.

By Charles X White, At February 2, 2009 10:45 AM
Best wishes to you for your current position. I am very excited that President Obama designated you for important position as Secretary.

For immigration matters I hope you will look into immigration in nursing. Nursing shortage is a very well known fact and we need to educate more nurses to take care of our aging population. This is not an easy fix. In our present shortage millions of people around the country are suffering because of lack of nurses in hospitals. Most vulnerable are our senior citizens who do not get enough care and are suffering immense deal in nursing homes or hospitals. Some of them are not lucky enough to get proper care in time.

While we are working hard in educating more American born nurses, we really need more nurses from foreign countries to fill in the gap. We in US are very lucky to have a reputation of being a world leader. We are fortunate that people want to come here and build American dream. We should be more welcoming to foreign nurses especially when our aging population really needs them.

Until end of 2006 we had category of Schedule A to bring in foreign nurses. Now that category has been put in backlog and it takes nearly 7-8 years to bring in a nurse. We would really appreciate if congress can help our citizens in this critical matter of life and death.

By Anonymous, At February 2, 2009 10:50 AM
Dear Madam Secretary,
Congratulations on your appointment. I would like to highlight the plight faced by 'legal' EMPLOYMENT based immigrants who've been waiting for their green cards forever. Since we've followed all the rules of legal EB immigration so far, we believe we should be heard by you and your department. The countries worst affected by retrogression are China and India.
We skilled legal immigrants do not take anything for granted and appreciate the chance to be able to file permanent residentship in this great country. All we're asking for is increased visibility to the pain we're going through. Thank you very much and God bless America.

By Anonymous, At February 2, 2009 11:11 AM
Welcome Secretary Napolitano,
Please fix the legal immigration. We are stuck up in the green card process since last 8 years with no positive outcome in sight. There have been lots of visa wastage in the past which caused the retrogession in EB category mainly for India/China.
Please also make sure that Green card applications are adjuticated based on priority dates and is more streamlined rather than random adjudiction.
Thanks

By Anonymous, At February 2, 2009 11:22 AM
Freedom freedom freedom, hear me, America The Beautiful. You know why you are THE BEST? Because You give us this "American Opportunity" to express our opinion! I am writing from a country where freedom of opinion was ... "forgotten". And I still I am surprised when America gives me this freedom.
Ergo: AMERICA THE FIRST FREEDOM COUNTRY?
Mais ouì, of course:)
With my Love & Gratitude, THANKS!
Bea from Italy (sob!)

By bea, At February 2, 2009 11:58 AM
Welcome Secretary Napolitano,

There is an organized effort by the pro H-1B lobby to inundate you with letters
from H-1B holders and H-1B lawyers to try and strong-arm you to fast track
the Green card process for H-1B and L-1 visa holders.

Please do not put the Democrat and Obama's re-election in jeopardy by enacting any policies which are not in the best interest of the U.S. citizenry. We are hurting with job losses due to the H-1B program and the popular lie that we are unqualified to do the work that H-1B workers are being imported from third world countries to do.

The H-1B temp and Perm process will be under scrutiny by the populace this year, and hell hath no wrath like a voter displaced by a cheaper foreign worker.

By Anonymous, At February 2, 2009 12:00 PM
Congratulations to you on your new assignment at DHS as Secretary, You are the best match for this job and we have very high hopes from you. I am one of those thousands whe are legally working in US on H1B. We have been waiting for so many years to get permanent residency. Please help us to make this process litter faster and have more transparency in the whole employment based green card process. I myself is waiting for 6 years in EB2 India category where as my colleagues who are from countries other then india and china got thier green cards in 2-3 years. Please help us, you are our last hope.

Thank you
Asif M.
IL

By Anonymous, At February 2, 2009 1:09 PM
Illegal Immigration needs to be fixed. Please bring them into legalization

That way, of the 12 million undocumented illegals, atleast 3-6 million of them will pay Taxes. They also will get Drivers Licenses and ultimately open Bank Accounts, Buy Auto Insurance, Home Insurance, Buy houses and they can bring lot of money into the System.

Need to give GC but an interim visa to be legalized so that they can send their kids to school.

To all those who say that H1B or L1 are stealing jobs, but you are'nt looking at the Illegal Immigrations axing the money that comes into System and being burden on the State and Federal programs like Health care and other things.

There might be 1 million H1 or L1B bring taxes into the system but the estimated 12 million illegals (may be more than 15 miillion) can bring double or thrice the money the H1B or L1B can bring and also they can add tremendous value to our system.

We cannot take the illegals out of country so its better to integrate them smoothly at a rabbits pace or at a turtle pace.

God Bless America and the current downturn.

By Anonymous, At February 2, 2009 1:59 PM
Secretary Napolitano,

Congratulations on the appointment.
EB3 Employment based legal greencard applicants from India are suffering for 5-10 years of waiting and there is no light in the tunnel as of now. Please help us.
The backlogs are result of a broken processing system that has wasted many visa numbers in the past and due to inefficient distribution of greencards among all countries. There are about 4000 greencards per country whether one is from India thats sends more than 50,000 workers in student and work visas or from a developing country that doesnt send even a single worker. As a result there is a severe backlog of applications. Please remove the quota limits for applicants who are waiting for more than 4-5 years. It doesnt achieve anything but pain for the people waiting in the line. Please create a quota system if you have to, only in intake of H1 holders or students. Not when they are already here and are productive.
There are people from some countries who get their greencards in 8 months and there are many from India who have no hope even after 5-10 years, This is not justice.

By Anonymous, At February 2, 2009 7:42 PM
High hopes for change, but the pandering to special interests is already swinging the other way. eVerify is a simple and obvious way to solve a long-standing problem, yet the Obama administration is doing its best to scuttle the system.

Hmmm, the economy is in the tank and we don't care if American jobs are being filled with people that are LEGALLY in America.

By Anonymous, At February 2, 2009 7:58 PM
Dear Secretary Napolitano,

Congradulations... We are very Happy to see you as DHS Secretary
EB3 Employment based legal greencard applicants from india are still in pending list from 2001 and it's almost 8years and please note, there is no fix till now.

The backlogs are result of a broken system that is really wasted many visa numbers in the pas and due to inefficient distribution of greencards among all countries. As we see 4000 greencards per country and each country is getting 4000 and other country visa is not being utilized and wasted, So the country like India the backlog is severe.

12Million illegal immigrants does not have any verification compare to the 1 million legal immigrants(H1,L1) who pay taxes each year. So it's easy to verify the legal immigrants information to protect the border and security than the 12million illegal immigrants.

Please note the Legal immigrants coming from india has to wait for 10years to get the Green Card, This not justice. If the immigration is improved, Asian people will start spending money in USA and it will improve the consumer

By Rekha Prakash, At February 3, 2009 12:38 PM
Congrats Madam Napolitano!!,

I have to say the following, and invoke your help:

The life is hard, i know that, is not easy for all.
When i came to this beautiful country, i came with a dream, not only for me, for my family too.

I am an inmigrant looking for an opportunity, sometimes i think that i can not see my mother for about 7 years, i am a EB3 aspirant to permanent resident, i am waiting, sometimes desperate, because the dream is in front of you, but you did not taken yet, a lot of people is suffering because the visa backlogs.

Guess you, if the life is hard for the citizen, is worst for the inmigrant. I know this is our choice, but we are people working hard, paying taxes, follow the laws.

Please Madam Napolitano, help us. Do not forget about us, the legal inmigrant. Sorry by the message.

By Anonymous, At February 3, 2009 6:08 PM
Congrats Janet Napolitano on taking over as the Secretary of DHS.

Just while you are browsing through these comments, wanted to bring a small immigration to your notice. This is a plight of a green card / EAD holder. He cannot marry and bring the spouse to USA as it takes over 5-8 years to bring the spouse. Especially for those I 485 applicants who hold an EAD, they will have to wait 3-5 years first to get the green card and there after another 5-8 years to get the spouse on family based green card. This kind of makes ones life miserable to stay in USA. Is this what all USA dream is about? Please look into this and provide some relief for people in this situation.

By Anonymous, At February 3, 2009 9:17 PM
Welcome Aboard!

By Captain John Konrad, At February 5, 2009 12:00 PM
Dear Madam Secretary,
Congratulations on your appointment.

Please fix the dead slow process of LEGAL EMPLOYMENT IMMIGRATION cases.
Please fix the cooperation between STATE DEPT and USCIS communicationS.
Please fix transparency of USCIS in regards to usage of VISA quota.
Please fix tremendous backlogs of I-485 applications for EB3 India/China countries.

By Anonymous, At February 6, 2009 2:36 PM
good review it because I am working on an invention which will benifit the national security. where is that site? Dale

By BELLDIVER, At February 25, 2009 6:44 AM
I am an inventor, where's that site?

By BELLDIVER, At February 25, 2009 6:46 AM
@belldiver you can find the Action Directives at http://www.dhs.gov/xabout/gc_1233156996914.shtm

By DHS, At February 25, 2009 2:55 PM
If you want to continue to be the Secretary of Homeland Security then please do your job and continue to increase the worksite raids and enforcing the laws against illegal immigration!
ALL JOBS IN AMERCIA BELONG ONLY TO AMERICAN CITIZENS AND 100% LEAGL WORKERS ONLY!
No illegal aliens!

By Anonymous, At February 27, 2009 10:38 AM
Will the reports as responses to the Action Directives be published? Where can I find these reports?

By Anonymous, At March 5, 2009 1:18 PM
Welcome onboard, Secretrary Nepolitano! Congratulations on the new post. It is a demanding job, and don't let us down.

By Anonymous, At March 19, 2009 11:50 AM
Dear Ms. Janet Reno, Secretary DHS.
I applaud the election made by Our President, Mr. Obama, to appoint you as the new Secretary.
I have high hopes that under your direction, there will be a more humane, kinder treatment to the persons dealing with officers from the different Depts. As is now, I can see in their facial expressions, a resemblance of the way it was in the Homeland in the Old Continent during the 30s & 40s. Madame Secretary, Mr. Mike Aytes, Deputy Acting Director of USCIS, is setting a god example. Possibly the sacrifice made by Marine Lance Corporal Jose Gasca, gave him thoughts about the immigrant's contributions to this country, Veterans or not, and realize that they all deserve help with some issues.
His co-workers at USCIS are following his example.
God bless you, Mr. Aytes and Corporal Gasca for his contribution to this country and for touching the hearts of many. Hope USCIS and State Dept.be some of those.

By Anonymous, At March 23, 2009 9:20 PM

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Wednesday, January 28, 2009

Getting to Work

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