Vishal Chander Chairs Panel at 2009 National Asian Pacific American Bar Association National Convention

 

BOSTON, MASSACHUSETTS - On November 20, 2009, Vishal Chander, Managing Partner of The Chander Law Firm, sat as chair and speaker on a panel at the National Asian Pacific American Bar Association (NAPABA) National Convention in Boston Massachusetts. The panel Mr. Chander chaired was entitled "State Efforts to Regulate Immigration and the Impact on American Business."

 

The panel addressed increasing efforts by states to enact legislation regulating and enforcing immigration law.  Also speaking on the panel were Mr. Patrick Shen, Director of Global Compliance at Fragomen Del Rey; Mr. Rick Su, Associate Professor of Law at the State University of New York at Buffalo Law School; and Mr. Ramey Ko, Attorney with the Texas Advocacy Project.

The panel first laid an outline of the federal framework allowing states to interfere in immigration regulation.  The panel reviewed sections of the Immigration Reform and Control Act of 1986 (IRCA).  Panelists discussed the implementation of the I-9 form.  Panelists also discussed preemption of state and local governments from alien employment verification other than through licensing or similar laws.  The panel discussed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA).  The relevant sections discussed in the act included Title IV, which called for the creation of an electronic employment verification system now known as Everify; Title I, which created the 287(g) program; and Title V, which imposed drivers license reporting requirements from the states and restrictions.  Lastly, the panel discussed the REAL ID Act.

The panel next discussed relevant cases in which the states have passed legislation regulating immigration law based on the preemption savings clause set forth in IRCA.  Cases included: Lozano v. Hazelton, 496 F. Supp.2d 477 (M.D.Pa. 2007); Gray v. Valley Park, 2008 WL 294294 (E.D.Mo. Jan. 31, 2008); Chamber of Commerce v. Henry, No. CIV-08-109-C, 2008 WL 2329164 (W.D. Okla., June 4, 2008); and CPLC v. Napalitano, 544 F.3d 976 (9th Cir. 2008).

Finally, the panel discussed the constitutionality and impact of the state foray into immigration regulation. 

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American (APA) attorneys, judges, law professors, and law students, providing a national network for its members and affiliates. NAPABA advocates for the legal needs and interests of the APA community and represents the interests of over 40,000 attorneys and approximately 60 local APA bar associations, with practice settings ranging from solo practices to large firms, corporations, legal services organizations, non-profit organizations, law schools, and governmental agencies.

The Chander Law Firm, P.C. provides immigration law representation to clients throughout the United States and the world. The firm has offices in Dallas, Texas and New York, New York.

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