Elliott, Lawson & Minor P.C.

April, 2007

Don't Forget Your Passport!!

Effective January 23, 2007, United States citizens returning to the U.S. by air are now required to show a passport for re-entry. So far, the change applies only to air travel, but it is anticipated that the requirement could extend to travel by land or sea in the next year.

Previously, U.S. citizens who traveled to a Western Hemisphere country that didn't require a passport for entry (for example, Canada, Bermuda, or Mexico), could re-enter the U.S. by showing a current U.S. driver's license. The Department of Homeland Security, which is now responsible for immigration and customs issues, introduced the changes in conjunction with the State Department based on recommendations of the 9/11 Commission. The new travel document requirements are as the Western Hemisphere Travel Initiative.

In 2006, the State Department issued a record number of passports to U.S. citizens (12.1 million), and that number is expected to exceed 16 million in 2007. Apply early to obtain or renew your passport, as the processing time will likely be delayed due to the increased demand.

Dawn Figueiras

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Immigration Reform: The DREAM Act

Immigration reform was a hotly debated-and divisive-issue in the last elections. But at least one immigration bill has garnered bi-partisan support,1 the DREAM Act. The Development, Relief, and Education for Alien Minors Act, (S. 2075 and incorporated into S.2611; HR 5131) was passed by the Senate and currently awaits action by the House of Representatives.

If the DREAM Act is enacted, unauthorized aliens would receive conditional legal status for a six-year period if they prove (1) entry into the United States before age 16, (2) continuous presence in the U.S. for five years, and (3) receipt of a high school diploma or G.E.D. Upon receipt of the conditional status, the youth would be authorized to work, go to school, or join the U.S. military. If during the six-year period, the youth graduate from a two-year college program, complete at least two years of a four-year college degree program, or serve two years in the U.S. military, they would become eligible to adjust to permanent legal resident alien ("green card") status. If they do not complete one of the three requirements during their six-year conditional period, their conditional status lapses, except in certain extraordinary cases that could qualify for a waiver.

The Migration Policy Institute estimates that about 360,000 unauthorized high school graduates would be immediately eligible for conditional legal status upon the DREAM Act's passage, and another 715,000 currently in school would be eligible upon graduation. Various immigration policy advocates have proposed expanding the DREAM Act to permit Job Corps participation, Department of Labor-certified apprenticeships, and certain non-degree educational programs as qualifying programs for adjusting to permanent legal resident alien status, but these proposals have not yet been adopted by either House of Congress.

States' reactions to the DREAM Act have been mixed, however. In Arizona, voters approved Proposition 300 in November, 2006. Proposition 300 makes illegal immigrants ineligible to receive in state tuition, tuition waivers, or other financial aid at Arizona's public colleges and universities. Despite Proposition 300's overwhelming voter support - the measure passed by a 71% 29% vote - some Arizona legislators have called the law unconstitutional and are seeking its repeal. Meanwhile, much farther away from the Mexican border, Minnesota's legislature is considering a bill to permit undocumented aliens to pay in state tuition rates at its public schools if the student can prove he or she attending high school in the state for at least three years.

Voters across the county - and across the political spectrum - apparently agree on one thing: that the time for immigration reform has come.

Dawn Figueiras

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Elliott Lawson & Minor Update

The attorneys at Elliott Lawson & Minor have been busy recently with a number of matters, including:

  • Steve Minor and Lucas Hobbs obtained summary judgment for a testing laboratory in a lawsuit filed by a plaintiff who claimed damages from having received a false-positive HIV test result. This case was covered by Virginia Lawyers' Weekly and Virginia Medical Law Report.
  • Eric Reecher obtained summary judgment for a Tennessee employer in a personal injury suit brought by a plaintiff who worked for one of the employer's contractors. The plaintiff alleged she was injured during her work for the contractor at the employer's jobsite. The court found that the work the plaintiff performed was part of the employer's regular business; therefore, the employer was the plaintiff's "statutory employer" for purposes of the Tennessee Workers' Compensation Act. Accordingly, the employer was afforded the tort immunity provided by that Act.
  • Steve Minor and Lucas Hobbs also obtained partial summary judgment for a local school board on the basis of legislative immunity for its elimination of a position formerly held by the plaintiff employee.
  • Outside the office, Lucas Hobbs coached the Tennessee High School Mock Trial team to a spot in the state Mock Trial tournament.

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Elliot, Lawson & Minor, PC

Elliott Lawson & Minor, P.C.

110 Piedmont Avenue, Suite 300

Bristol, VA 24201

Phone: 276-466-8400

Fax: 276-466-8161