THE DREAM ACT 2010: A POSSIBILITY?

By Aime M. Katambwe

One of the many changes President Obama has promised America is immigration law reform. Many ideas have been discussed. One of them is the DREAM Act, sponsored by Senator Lugar from Indiana and Senator Durbin from Illinois, among others. The basic idea is to allow certain illegal immigrants who were brought here by their parents at a young age and who have been educated in American schools to become permanent residents.

Under the DREAM Act, certain undocumented individuals could become legal residents. The first step in this process is for the individual to enroll in some type of higher education, such as a university, vocational school, or apprenticeship program. Another option is to enroll in the U.S. military. If certain requirements are met, this person may apply for conditional residency in the U.S. Upon receipt of an associates degree or a 2-year equivalent within six years of the initial petition, the conditional status can be changed and the individual can become a legal permanent resident of the United States.

To be eligible for permanent residency under the DREAM Act, the individual must have entered the United States before turning 16 years of age and must have been in the United States for at least five years without interruption. The individual must also demonstrate the ability to speak English.

Conditional residents under the DREAM Act will be eligible for private loans to fund their education, but will not be eligible for Pell grants. Under the DREAM Act, 65,000 students could become conditional residents each year, and eventually become permanent residents and citizens if they comply with current immigration rules and regulations.

One of the ideas behind the DREAM Act is to better utilize the taxpayer dollars that are being used to educate illegal immigrant youth in public schools across the country. If these youth are willing to continue their education through additional schooling or through the military, they would be allowed to become a legal part of our society without the fear of losing their families through deportation. In addition, the DREAM Act initially only benefits those who most likely were taken across the border by their parents through no decision of their own. Many of these individuals have spent more years illegally in the United States than in their home countries.

The DREAM Act could be merged with other legislation as part of comprehensive immigration law reform in 2010. If other ideas do not receive the necessary support from members of Congress, the DREAM Act could be enacted without additional reform measures. Either way, even the proposal of such legislation gives hope to many people now living in the United States who currently have no way of becoming a legal resident.

IS THE DREAM ACT REALLY A NIGHTMARE?

Submitted by Moses Palacios

Last month, in a blog post in The Hill entitled “DREAM Act is a Nightmare,” Representative Lamar Smith (R-TX) made a number of questionable assumptions about the DREAM Act that overlook the reality of undocumented students in America. Contrary to the Congressman’s assertion, the DREAM Act does not represent “massive amnesty,” nor is it a “financial gift” for undocumented students. When one takes a moment to explore this issue, as our association has, it becomes obvious that the rhetoric employed by the Congressman fails to address the substance of the issue. There is currently, as Supreme Court Justice William Brennan put it, a “shadow population” of students living in the United States who were brought into the country as children and who, for all intents and purposes, have grown up as Americans. The lack of documentation for this population is a given—not a choice made by the student, not a situation that can be interpreted by legislators as constituting an act requiring “amnesty” to resolve, which implies a criminal act. The Supreme Court, in its 1982 Plyler v. Doe decision, determined that basic human rights qualify these children for public K-12 education. However, in most states, such students are ineligible for financial aid, pushing postsecondary education just beyond their reach. The DREAM Act has been proposed as a remedy for high-achieving undocumented students willing to go to college or serve in the armed forces. Some of Representative Smith’s statements were factually inaccurate, and we would like to offer our perspective to ensure a broader understanding of the legislation. The DREAM Act would: • Not grant “massive amnesty for millions of illegal immigrants.” This bill has been narrowly tailored to only include students willing to pursue postsecondary education and military careers.

• Not mandate states to provide in-state tuition for undocumented students. Instead, the DREAM Act would eliminate the current ambiguity of federal law and give states the right to determine eligibility for higher education benefits. In addition, the bill would allow undocumented students to become eligible for the federal student loan and federal work-study programs to help finance their education.

• Not grant “amnesty to illegal immigrants no matter how old they are.” The DREAM Act clearly states that only those that have “not yet reached the age of 35 years on the date of the enactment of this Act” would qualify. Also, students would need to have arrived in the country before their 16th birthday and have been present for “5 continuous years prior to the enactment of this Act.”

• Not waive the high school graduation or GED eligibility requirement due to “hardship.” Again, the bill language clearly states that undocumented students may have their conditional status removed through “hardship exception” only if the student “demonstrates compelling circumstances” for not fulfilling the higher education or military requirement; demonstrates that removal from the country would cause “exceptional and extremely unusual hardship” to their spouse, parent, or child; have maintained good moral standing. In other words, the bill would not waive eligibility requirements such as high school graduation.

• Not result in the loss of “seats” at colleges and universities for other students. The capacity for the American higher education system to absorb additional enrollments is far from being exhausted. In fact, even in the realm of four-year colleges, space is plentiful. Each May, our association publishes a list of between 200 and 300 four-year colleges with space still available after most students have already made their decisions about where to go to college. While much of our nation’s popular focus on “college” is, in fact, on the most highly-selective four-year colleges, the truth of the matter is that there exists a full range of postsecondary institutions which, taken together, will continue to have space for students well into the future.

The DREAM Act would eliminate the fear of deportation that often plagues undocumented minors. Students of ages 12 and older who are enrolled in either primary or secondary school would be protected from deportation, therefore creating a safer learning environment and promoting basic human rights.

Since 2001, the National Association for College Admission Counseling (NACAC) has advocated on behalf of the DREAM Act to address the plight of undocumented students as they progress through our public education system and seek to pursue their college dreams. Each year, school counseling and college admission professionals work with thousands of undocumented students to guide them through the college admission process despite the limited resources available to such students. Amid the national immigration debate, the spread of misinformation, and the realities of living undocumented in this country, these students continue to strive toward their dreams.

We believe that a bill that promotes educational excellence and rewards high-achieving students for their contributions is something we can all support.

PUBLIC LAW 111-230 INCREASES H -1B AND L-1 FEE

WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or

• To obtain authorization for an alien having such status to change employers.

USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and instructions to comply with Public Law 111-230. To facilitate implementation of Public Law 111-230, USCIS recommends that all H-1B, L-1A and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why this new fee does not apply.

USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain.

The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.

NATURALIZATION FACT SHEET

The United States has a long history of welcoming immigrants from all parts of the world. During the last decade, U.S. Citizenship and Immigration Services (USCIS) welcomed more than 6.8 million naturalized citizens into the fabric of our nation. Thus far in fiscal year 2010, approximately 495,232 individuals have been naturalized.

Deciding to become a U.S. citizen can be a very important milestone in an immigrant’s life. Individuals must demonstrate a commitment to the unifying principles that bind us as Americans and in return, will enjoy many of the rights and privileges that are fundamental to U.S. citizenship.

About the Naturalization Process

In general, an individual over the age of 18 seeking to become a citizen of the United States must apply for naturalization by filing an Application for Naturalization, Form N-400. To be eligible for naturalization, an applicant must fulfill certain eligibility requirements set forth in the Immigration and Nationality Act (INA).

These general eligibility requirements specify that the applicant must:

• Be at least 18 years of age

• Be a lawful permanent resident (green card holder)

• Have resided in the United States for at least five years

• Have been physically present in the United States for at least 30 months

• Be a person of good moral character

• Be able to speak, read, write and understand the English language

• Have knowledge of U.S. government and history

• Be willing and able to take the Oath of Allegiance Special naturalization provisions exempt certain applicants from one or more of the general requirements for naturalization. Spouses of U.S. citizens and members of the military constitute the main categories of individuals who are exempt from some of the general requirements for naturalization.

• The majority of individuals naturalizing as spouses of U.S. citizens may do so three years after being admitted as lawful permanent residents, rather than the five years prescribed under the general provisions.

• Spouses of U.S. citizens stationed abroad may not be required to meet any particular residence or physical presence requirement.

• Members of the military who served honorably during certain periods of conflict may be eligible for naturalization even though they have not been admitted as lawful permanent residents and even if they are under the age of 18.

• Members of the military who served honorably for at least one year, at any time, and apply for naturalization within a certain time after their military service, are also exempt from the general residence and physical presence requirements.

In addition to these naturalization provisions, the INA also provides for the naturalization of children who are under the age of 18.

• A child under the age of 18, who is a lawful permanent resident residing in the United States in the legal and physical custody of a U.S. citizen parent, may automatically acquire U.S. citizenship. To obtain evidence of U.S. citizenship, an Application for Certificate of Citizenship, Form N-600, must be filed on behalf of the child.

• A child who is residing abroad, who is temporarily present in the U.S. based an any lawful admission, may be eligible to apply for naturalization while under the age of 18 if he or she has at least one parent who is a citizen of the United States, and the parent (or qualifying grandparent) meets certain physical presence requirements in the United States.

• There are exemptions benefiting children of active-duty members of the military stationed abroad. All persons filing an Application for Naturalization who have submitted a complete application along with all required documents will be scheduled for an interviewed by a USCIS officer. Those applicants found qualified are scheduled for an oath ceremony before a judge or an officer delegated the authority by the Director of USCIS to administer the Oath of Allegiance. Applicants do not become U.S. citizens until they have taken the Oath. Naturalization Statistics

• Each year, USCIS welcomes approximately 680,000 citizens during naturalization ceremonies across the United States and around the world.

• In FY 2009, 74 percent of all persons naturalizing resided in 10 states (in descending order): California, New York, Florida, Texas, New Jersey, Illinois, Virginia, Massachusetts, Washington and Maryland.

• In FY 2009, the leading metropolitan areas of residence were New York-Northern New Jersey-Long Island, NY-NJ-PA (15 percent), Los Angeles-Long Beach-Santa Ana, CA (11 percent) and Miami-Fort Lauderdale-Pompano Beach, FL (7.3 percent).

• In FY 2009, the top countries of origin for naturalization were in the following order: Mexico, India, Philippines, China and Vietnam.

• Since September 2001, USCIS has naturalized more than 62,763 members of the military, in ceremonies across the United States and in the following 20 countries: Afghanistan, Djibouti, China, Cuba, El Salvador, Germany, Greece, Haiti, Honduras, Iceland, Iraq, Italy, Japan, Kenya, Kosovo, Kuwait, Philippines, South Korea, Spain, and the United Kingdom.

• Since 2008, USCIS has naturalized 809 military spouses during ceremonies in Bulgaria, China, Germany, Italy, Japan, Kuwait, Oman, Panama, Philippines, South Korea, Spain, Thailand, Turkey and the United Kingdom.

COLIN POWELL: LET'S LEGALIZE THE WORKERS FIXING MY HOUSE

"Former Secretary of State Colin Powell says illegal immigrants do essential work in the U.S. and he has firsthand knowledge of that — because they fix his house. Powell, a moderate Republican, urged his party Sunday to support immigration generally because it is "what's keeping this country's lifeblood moving forward."

In an interview with NBC's "Meet the Press," he said a path to legal status should be offered to illegal immigrants because they "are doing things we need done in this country." He added: "They're all over my house, doing things whenever I call for repairs, and I'm sure you've seen them at your house.

We've got to find a way to bring these people out of the darkness and give them some kind of status." Powell did not say whether he's hired illegal immigrants directly or they showed up with contractors."

AP, Sept. 19, 2010.

DON’T ASK DON’T TELL (DADT) STILL THE LAW OF THE LAND AND THE DREAM WILL HAVE TO WAIT LONGER

By Aime M. Katambwe, Esq.

In a 56 to 43 and 1 absent vote, the US Senate has elected not to displace DADT fearing a filibuster by the GOP. Democratic Senators Blanche Lincoln and Mark Pryor from Arkansas voted with the republicans on this one. In the meanwhile, the Defense Authorization Bill remains just that and the partisan political dance continues. The bill was being used as a vehicle for many other things including the DREAM ACT, which would have allowed certain immigrants brought to the US at a very young age to gain permanent residency with a path to citizenship. A yes vote would have represented a step forward in allowing gays in the military to serve openly for one thing. It would have also represented America’s down-payment on Comprehensive Immigration Reform. This is all gone for now at least until after the November legislative elections.

For the proponents of immigration reform, very few avenues remain at this time. It seems that the Obama administration is going to continue its onslaught on immigrant families by breaking them up to the tune of 1,000 per day as they have been and bragging about it. It remains to be seen if the somewhat compassionate attitude some in the administration signaled will take place.

For instance, some an immigrant have been granted TPS (Temporary Protected Status) to live and work in the US for a determined period. However, these TPS immigrants cannot obtain permanent residency even if they have a proper basis for doing so. This is in a clear misinterpretation of section 244(f) of the INA (Immigration and Nationality Act) and the federal statute enabling the INA, which clearly grants an applicant under TPS the right to adjust status.

244(f) states that “for purpose of adjustment of status (green card) under 245 and change of status under section 248, the alien (TPS immigrant) SHALL be considered as being in, and maintaining, lawful status as a nonimmigrant. Where is the ambiguity? USCIS and then INS have the policy of just applying neither the spirit nor the letter of this law in any way, shape or form. They just flat out denied such applications from TPS immigrants and still continue to do so. To my knowledge none of the immigrant advocacy groups have called them on this point; which point is readily available to them.

It seems that USCIS is beginning to see the light on this section of the law and may begin to implement it without external pressure after all. It seems that its Chief Counsel Ms. Roxana Bacon has expressed the view that the previous legal opinion that mandated this faulty interpretation of section 244(f) in conjunction with the current definition of “admission” does not support this misguided interpretation. It is not known when USCIS will shift to the “new” interpretation, which will be more reflective of the law in this area. Stay tune for this.

For those not lucky enough to have TPS, like the “DREAMERS” or Dream Act potential candidates, their hope is to pray that USCIS extend to them the application of Parole-in-Place. This process will allow those with a proper basis to adjust status to do so without returning to their countries of origin, even though they may have entered the US without authorization. USCIS has had the discretion to allow into the US anyone it deemed deserving under “urgent humanitarian reasons and/or significant public benefit to the US exception. This is a sort of “catch-all” category provision used sparingly. Yours truly has been able to get the USCIS to exercise this discretion from time to time.

Just several months ago, USCIS made Parole-in-Place a routine occurrence for qualified military dependents (at last) in order for them to:

• Preserve Family unity and address the DOD’s concerns regarding soldier safety and readiness for duty;

• Avoid the need for spouses and children of active duty military service members to depart the US and wait in foreign and often dangerous places for consular processing;

• Enable dependents to stay on military installations in the US where they can receive housing, medical and dental care as well as other services attendant to their “military dependent status.”

USCIS seems to think that other groups like the DREAMERS are amenable to Parole-in-Place in order to allow them to adjust status here in the US.

Another such measure would be USCIS’ belief that updating the registry date from January 1, 1972 to January 1, 1996 will be a great relief to long time immigrants. The registry date in a nutshell allows an immigrant who has been present in the US since January 1, 1972 currently to apply for a “creation of a record” with an application for permanent residency. In other words, a person who has been living in the US since January 1, 1972 and can show unequivocal proof of this, can just apply for his green card and begin living legally in the US. Again, yours truly has been able to successfully move USCIS for this benefit from time to time. Though I over-simplify, this benefit is really there. Updating it to January 1, 1996 will cause an uptick in immigration activity along with all the rest of the proposed reforms.

There is more in store, but suffice for now to say that all hope is not lost. The cooler heads will prevail in the end and the cycle of unadulterated circular logic will be broken and the shining city up on a hill will come to live again.

TPS REGISTRATION PERIOD EXTENDED FOR HAITIAN NATIONALS

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced an extension to the registration period for Temporary Protected Status (TPS) for eligible nationals of Haiti. Initially, the 180-day registration period for nationals of Haiti was from Jan. 21 through July 20, 2010. This registration period is now being extended through Jan. 18, 2011.

The Department of Homeland Security (DHS) previously published a Federal Register Notice on Jan. 21, 2010, announcing the TPS designation of Haiti for 18 months, from Jan. 21, 2010 through July 22, 2011. The designation applies only to Haitians who have continuously resided in the United States since Jan. 12, 2010; TPS will not be granted to Haitian nationals who first entered the United States after Jan. 12, 2010.

Haitian nationals eligible for TPS are strongly encouraged to register as soon as possible within the registration period that now ends on Jan. 18, 2011.

TPS applicants must submit both the Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, to register. Applicants must pay the Form I-821 fee. Applicants age 14 and older must also submit the biometric service fee. Applicants who are age 14 through 65 who request an Employment Authorization Document (EAD) must pay the Form I-765 fee. Applicants under age 14 or over age 65 who request an EAD do not need to pay the Form I-765 fee. If an individual is only seeking to register for TPS, the applicant must still file Form I-765 for data-gathering purposes, but the Form I-765 fee is not required. Applicants who can demonstrate an inability to pay may request a fee waiver for any of these fees.

Failure to submit the required applications with any required fees and the biometric fee, or a properly documented fee waiver request, will result in the rejection of the application. For information on TPS fee waivers, please visit the “Questions and Answers: Requesting Waiver of Fees Temporary Protected Status Applicants” webpage.

CERTAIN IMMIGRATION BENEFITS AVAILABLE FOR GUATEMALANS

WASHINGTON—In light of Tropical Storm Agatha, U.S. Citizenship and Immigration Services (USCIS) reminds Guatemalans of U.S. immigration benefits available to eligible Guatemalan nationals upon request.

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Guatemala may include:

• The grant of an application for change or extension of nonimmigrant status on behalf of a Guatemalan national who is currently in the United States, even in cases where the request is submitted after the individual’s authorized period of admission has expired;

• Re-parole of individuals granted parole by USCIS;

• Extension of certain grants of advance parole, expedited processing of advance parole requests;

• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students;

• Expedited processing of immigrant petitions for immediate relative(s) of U.S. citizens and lawful permanent residents (LPRs);

• Expedited issuance of employment authorization where appropriate; and

• Assistance to LPRs stranded overseas without documents in coordination with the Department of State. For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

CHANGE OF FILING LOCATION FOR FORM I-140 IMMIGRANT WORKER PETITION

Form I-140 filed alone or together with an Application to Register Permanent Residence or Adjust Status (Form I-485) should be filed at the USCIS Dallas Lockbox facility, or at the USCIS Nebraska or Texas Service Centers, depending on the classification for which the petition is being filed. Forms I-140 for skilled workers (marked “f” in Part 2, Petition Type, of the form) should continue to be submitted to either the Nebraska or to the Texas Service Centers. Forms I-140 that are accompanied by a Form I-907, Request for Premium Processing Service should also go only to the Nebraska or Texas Service Centers. Beginning on Aug. 3, 2010 all other Form I-140s should be submitted to the USCIS Dallas Lockbox facility. Detailed guidance can be found in the updated Form I-140 instructions on the USCIS website at www.uscis.gov.

ELIGIBLE NATIONALS OF EL SALVADOR TO RE-REGISTER FOR TPS

USCIS reminds nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on Sept. 7, 2010.

The 18-month extension of TPS for El Salvador will remain in effect through March 9, 2012. Individuals who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period, without good cause, will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the United States.

To re-register, all TPS beneficiaries must file both the Application for Temporary Protected Status, Form I-821, and the Application for Employment Authorization, Form I-765, with the correct fees or a properly documented fee waiver request. If the TPS re-registrant is not seeking employment authorization or an extension of his/her current employment authorization, the Form I-765 fee is not required, but the re-registrant must still file Form I-765 for data-gathering purposes. All TPS re-registrants age 14 and older must submit the biometric fee. Applicants who are able to demonstrate an inability to pay may request a fee waiver for the TPS application, biometric services or employment authorization, or all three fees combined.

Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the re-registration application. For information on TPS fee waivers, visit the “Questions and Answers on Temporary Protected Status Fee Waivers.”

To receive information about filing or case status, applicants may choose to:

• File the E-Notification of Application/Petition Acceptance, Form G-1145, together with their TPS package. This will enable them to receive an e-mail and/or cell phone text message informing them that USCIS has accepted the TPS application.

• Access “My Cases Status” online and register to receive alerts through text messages or e-mails. Registered users may now elect to receive messages in English or Spanish. USCIS reminds applicants that the most common reasons for rejection are:

• The application was not filed with the correct fees or a properly documented fee waiver request.

• The application was missing critical biographical information.

• The applicant did not sign one or more of the required forms (Forms I-821 and I-765).

• The application was filed using an incorrect version of the form.

Check the lower right hand corner of the first page of the form instructions for the edition date. The Form I-821 must be dated Oct. 17, 2007 or later, and the Form I-765 must be dated Oct. 16, 2008 or later. If the edition dates are earlier, the forms will not be accepted by USCIS. The correct form versions are free and available online at USCIS’s Forms Web page. Applicants who do not have Internet access may call the USCIS Forms line at 1-800-870-3676.

Further details on the extension of TPS for El Salvador, including the application requirements, fees and procedures, are available at www.uscis.gov on the TPS page and in the Federal Register Notice. For additional information, applicants may also contact USCIS at 1-800-375-5283.

SALVADORANS TO FOLLOW LATE RE-REGISTRATION FOR TPS

USCIS reminds Salvadorans, who are eligible to re-register for Temporary Protected Status (TPS) but who have not filed their applications, to follow the late re-registration guidance.

USCIS may accept a late re-registration application if you have good cause for filing after the end of the re-registration period of your country. You must submit a letter that explains your reason for filing late with your re-registration application.

The 18-month extension of TPS for nationals of El Salvador will remain in effect through March 9, 2012. Individuals who did not file a TPS re-registration application during the re-registration period will lose their TPS benefits, including employment authorization and protection from removal from the United States, unless they submit the application and demonstrate that they had good cause for filing late. The re-registration period for El Salvador closed Sept. 7, 2010.

If you are filing your TPS re-registration application late, processing may be delayed and can lead to gaps in your work authorization. Further details on the extension of TPS for El Salvador, including the re-registration application requirements, fees and procedures, are available at www.uscis.gov/tps on TPS- El Salvador webpage and in the Federal Register notice. TPS forms are available online or by calling the toll-free USCIS Forms line at 1-800-870-3676. For additional information, applicants may also contact USCIS at 1-800-375-5283.

BORDER GOVERNORS CALL FOR US IMMIGRATION REFORM

Barry Massey, AP

SANTA FE, N.M. (AP) -- U.S. and Mexican border governors called Monday for reform of U.S. immigration policies, but New Mexico Gov. Bill Richardson said it's unrealistic to expect Congress to act on the hot-button political issue before the November general election. Richardson made his comments at the close of a border governors meeting, which was held in New Mexico after Arizona Gov. Jan Brewer canceled the event in Phoenix because of a planned boycott by Mexican governors over Arizona's new immigration law.

Richardson was the only U.S. governor to participate along with the governors of six Mexican states. California Lt. Gov. Abel Maldonado filled in for ailing Gov. Arnold Schwarzenegger. The governors of Texas and Arizona did not attend. A joint statement by the governors said they "recognize the need for comprehensive immigration reform" in the United States and for a deportation process "based on the fundamental premise of respecting the human dignity and human rights of individuals being repatriated."

Richardson said he hoped that immigration reform would become a major priority for Congress next year and that the groundwork could be laid for legislation after the general election. "There has to be a national effort, and it's really up to Democrats and Republicans alike. It's not just a partisan issue," Richardson told a news conference.

The Democratic governor, whose term ends this year, said legislation should include tougher enforcement against businesses that hire illegal immigrants as well as a path to legalization for immigrants who learn English, pay back taxes and a fine.

The governors said in their statement that there's been a "lack of coordination, information exchange and joint activities" on border security by the U.S. and Mexican federal governments and they called for improvements to border crossings to improve the flow of international trade.

Richardson and several Mexican governors said it was important to meet despite the tension over Arizona's immigration law. "This meeting clearly shows the political maturity that we have," said Sonora Gov. Guillermo Padres Elias, whose remarks in Spanish were translated into English. Richardson said, "We want dialogue, not division."