Speaker: Jalesia F. McQueen Gadberry

Topic: Immigration Law and Policy

How it may affect area businesses.

This is a unique opportunity for attendees to receive an overview and to obtain direct answers from an immigration law expert.

Attorney at Law

Thursday, June 17^th, 2010

MO Air National Guard

1 Grant Road

 Registration: 11:15

 Lunch: 12:00  Cost: $15.00

Chamber Members. Non-Members may attend one luncheon.  All must RSVP.

 Lunch catered by: Gingham’s Restaurant

BBQ pork steaks, chicken breast, Au Gratin potatoes, homemade rolls, salad, green beans, dessert

 270 to Telegraph, turn L onto Telegraph, go straight until you come to stop light @Jeffersonian (Walgreen’s, Jack in the Box on corner)  Turn R, follow road around until you will see a large airplane in front of entrance, the Guard will direct you from there.  (Inside Jefferson Barracks Park)

 http://www.southcountychamber.net/

For reservations please call Barb @894-6800,

fax 894-6888, or email to: Barbara_S_Rogg@sbcglobal.net

Ms. McQueen Gadberry will provide an informative and engaging presentation on Immigration Law and Policy and how it may affect area businesses.  Specifically, Ms. McQueen Gadberry may cover the workings of the immigration system, developments in immigration reform, issues companies may have with the system, impacts on highly-skilled and less-skilled foreign employees, agency audits, as well as related developments specific to Missouri. 

This is a unique opportunity for attendees to receive an overview and to obtain direct answers from an immigration law expert.  

Point of contact for this letter is attorney Jalesia F. McQueen Gadberry of McQueen Gadberry LLC

10805 Sunset Office Drive, Suite 300, St. Louis, Missouri 63127, www.mcqueengadberry.com  

Email: jalesia@mcqueengadberry.com  Phone:               314-238-1368         314-238-1368

Jalesia F. McQueen Gadberry (Jasha), who is a second generation immigrant and is fluent in Spanish, is owner and attorney of the St. Louis-based law firm, McQueen Gadberry LLC. Her practice areas focus on general corporate law, immigration and international law. Jasha advises small to mid-sized companies, “start-up” entities, entrepreneurs, foreign entrepreneurs, immigrants, nonimmigrants and employers of immigrants and nonimmigrants. Jasha is a U.S. Army veteran who was promoted to the rank of Captain during active duty service before pursuing her legal career. She is a member of the American Immigration Lawyers Association (AILA) and currently holds a federal appointment to the Missouri Advisory Committee to the U.S. Commission on Civil Rights, a state appointment to the Missouri Hispanic Business Trade and Culture Commission, and volunteers her services one day a month to Hispanic business owners.  She also received the St. Louis Business Journal’s “40 under 40” award in 2007.

Overview of Arizona Law (SB1070)

Evaluation and Opinion by Immigration Attorney Jalesia “Jasha” McQueen Gadberry

Contact Jasha: http://bit.ly/ch5mDI

Summary:

• SB1070 will likely prove difficult to enforce.
• Arizona is expanding upon a federal law, a common practice for states.  
  • However, federal immigration law is a broken system and will remain the real issue
  • The law seems to be legitimate and does not seem to conflict with the federal immigration law.
    • However, the only way this will be tested is if the law is challenged and it goes through the court system.  The issue, I believe, will not be constitutionality, but rather federal preemption (which is the invalidation of the state law when it is in conflict with the federal law).
    • Federal immigration law must be overhauled with emphasis on simplifying the system.  With an easier process, I believe we can solve our illegal problem over time.

Issues brought up regarding the law:

• Racial Profiling – The state and county enforcement officials are given the “reasonable suspicion” standard when coming into lawful contact with any individual.  This means that they will have to have some reason, outside of race alone, to ask for documentation from the individual if the individual is stopped, questioned, detained, arrested, etc.  The ineffectiveness of the racial profiling argument is that police and law enforcement “profile” on a regular basis and, I believe, race is rarely a sole decision, since other factors, such as clothing, activity of the person, age, sex, and overall appearance must be taken into account.  As subjective as this can be, at times, this is one of the tools of law enforcement officers to protect them and us.  The racial profiling argument is weak, in my opinion.
• Civil/Human Rights or Right to Privacy – There will always be some type of violation here by a renegade law enforcement official at some point, but this argument does not discuss the law itself.  There is no indication that the law itself violates any civil/human rights or right to privacy.  All LEGAL immigrants and non-immigrants are REQUIRED to carry their documentation with them AT ALL TIMES.  This is the federal law.  They understand that they may be required to show their documentation as proof of their status, especially during a traffic stop or any other violation of the law.  So, requiring this on a state level is not outside of the realm of reason.
• Unreasonable search and seizure – Again, reasonable suspicion is the standard and is more than a mere hunch in legal terms.  There is nothing in this law indicating that unreasonable search and seizure will be allowed.

Controversial part of the law:

• In my opinion, the most controversial part of the law will be the part allowing officers to stop and ask for documents from everyone in a van or car that is blocking or impeding the flow of traffic.
• It appears that this law was crafted for the particular instance of a group of agricultural illegal immigrants going to work, either driven by the employer or someone employed by the company.
• It must be kept in mind that this law would NOT apply to a group of workers minding their own business and picking each other up to and from work, as long as they were not impeding the flow of traffic.

Difficulties in enforcing the law:

• I believe the law will prove difficult to enforce.  Since the state does NOT have any jurisdiction in the immigration system and cannot deport or even determine if someone is illegal.  Simply picking people up, detaining them and perhaps fining them, will not necessarily solve the issue.  The issue of deporting the individuals is still up to the federal agencies, which may or may not be able to attend to every traffic stop done by the state.  The federal agencies such as Immigration and Customs Enforcement (ICE) or the Customs and Border Protection (CBP) are very busy hunting down hardened criminals and other potentially harmful individuals.  In addition, funding to ICE and CBP is limited and therefore, they may be only able to serve in a limited capacity.
• The law may prove to be expensive.  Although Arizona is already feeling the drain from illegal immigrants in their school systems, hospitals, etc., this law authorizes the legislature to appropriate money (which presumably includes taxes) and to use the fines by the individuals detained to support the state fund designated as The Gang and Immigration Intelligence Team Enforcement Mission Fund, which will be used for activities under this law and for county jail reimbursements.  A question should always arise in the minds of individual taxpayers when another fund or government agency is formed.  As we know, the government has normally not been wise at using tax funds.  In addition, there is a question as to the likelihood of extracting money from individuals in violation of this law.  Reimbursements to county jails may again fall on the taxpayers shoulders (which it already has).  However, I would argue that this new law would spur an increase in detaining individuals and therefore, increase the demand by counties for reimbursements.  And ultimately, the problem of illegal immigration may still NOT be solved because it is dependent on a broken federal system.

Federal Law

• My stance: The federal law is BROKEN.  It is much too complicated and bureaucratic and stifles the ability for the current, LAW-ABIDING immigrants and non-immigrants to stay in this country and provide the great stimulation to our economy that we so desperately need.
• No state law will be effective without fixing the real problem, which is the federal law and system.
• We have developed a series of complex and nonsensical laws over the years that we have had an aversion of reforming.

What our focus should be:

• I am so tired of hearing about illegal immigration.  I do not believe in illegal immigration or supporting those who violate the law because I work first-hand with individuals who go about it the right way, despite its complication and unfriendliness.  They navigate through the system and many times they are mistreated on technicalities, etc.
• I believe we should PRAISE and cherish the legal immigrants that we have and make the system easier for them, instead of focusing on the illegal immigrant problem (maybe even providing an “amnesty” type law for the current LEGAL immigrants, by subtracting the hurdles from the current law).  If we focus on making the system easier, I believe we can solve our illegal problem over time.
• More legislation is usually always a mistake because it makes the system more ineffective and bureaucratic, period.

Point of contact for this paper is attorney Jalesia F. McQueen Gadberry of McQueen Gadberry LLC

10805 Sunset Office Drive, Suite 300, St. Louis, Missouri 63127, http://www.mcqueengadberry.com  

Email: jalesia@mcqueengadberry.com  Phone:               314-238-1368         314-238-1368

Jalesia F. McQueen Gadberry (Jasha), who is fluent is Spanish and a second generation immigrant, is owner and attorney of the St. Louis-based law firm, McQueen Gadberry LLC. Her practice areas focus on general corporate law, immigration and international law. Jasha advises small to mid-sized companies, “start-up” entities, entrepreneurs, foreign entrepreneurs, immigrants, nonimmigrants and employers of immigrants and nonimmigrants. Jasha is a U.S. Army veteran who was promoted to the rank of Captain during active duty service before pursuing her legal career. She currently holds a federal appointment to the Missouri Advisory Committee to the U.S. Commission on Civil Rights, a state appointment to the Missouri Hispanic Business Trade and Culture Commission, and volunteers her services one day a month to Hispanic business owners.  She also received the St. Louis Business Journal’s “40 under 40” award in 2007.

PLEASE NOTE: This is meant to be a general summary and opinion. This compilation is not meant to be all-inclusive of the subject matter and does not constitute professional legal advice.  This compilation does not form any type of attorney-client relationship if received by recipient from McQueen Gadberry LLC or any of its attorneys.  If legal advice is sought in connection with a particular matter, be sure to ask us for an appointment and we will be happy to determine whether an attorney-client relationship is mutually beneficial and necessary.  After you sign our engagement letter, we will have the opportunity to consider the law, the facts and all of the factors relevant to the particular matter.