Courts are starting to rule on those actions, as happened this week with the EIPC’s case.

Federal collection of voter data

The EIPC wanted to block the Commission’s demand “for millions of state voter records” by way of a preliminary injunction. On July 13, 2017, it amended that motion by naming new defendants, and there was supplemental briefing to inform the court of certain factual developments, which triggered an amendment to the original motion.

On July 24, 2017, the federal court denied the EIPC’s amended motion. Because it was a decision on a preliminary injunction, the court did not address the merits of the case. Though it found that the plaintiffs had standing on some claims, but not all of them, the court stated that it could not “presently exert judicial review over the collection process.” It reasoned that the defendants are not subject to the provisions that plaintiffs cited as justification for the injunction. Thus, the plaintiffs were not able to show that success on the merits was likely.

Where voter data goes in Ohio

Notwithstanding this federal result with the EIPC, or any other setbacks for it or the remaining plaintiffs, at least one lawmaker in Ohio is working to increase the safeguards on the Buckeye State’s personal voting information, which appears to be flowing more freely than most Ohioans understand. A mid-July Minority Caucus blog explains that Rep. Kathleen Clyde (D-Kent) is calling for Jon Husted, Ohio’s Secretary of State, “to stop sharing Ohio voters’ personal information through any channel with Kansas Secretary of State and Commission leader Kris Kobach.” Kansas officials have been at the forefront of expanding access to voter data, as detailed below.

Pointing to a 2013 measure, SB 200, that Gov. Kasich signed into law in December of 2013, the Minority Caucus’s blog asserts that voter suppression is nothing new in Ohio, while SB 200’s sponsor cheered it for “making elections simpler [and] fairer” by “modify[ing] Ohio’s election law to create more accurate voter registration rolls.” Among other things, SB 200 requires state agencies, like the Ohio Department of Health and the Bureau of Motor Vehicles, to share data with the Secretary of State “so the voter registrations can be cross-checked for accuracy.”

This cross-checking process is where the Kansas officials come in. In its blog, the Minority Caucus noted that also in 2013, Secretary Husted joined the Interstate Crosscheck program (Crosscheck), pursuant to which, Rep. Clyde claims, “states trade voter data and falsely flag millions of voters as suspicious.” Kansas was, and remains at the center of Crosscheck; the program calls for each participating state to send a file containing its voter registration data to the Kansas Secretary of State. After each participating state’s data is checked against all the others’ data to determine whether there is any duplication, the Kansas Secretary of State returns the data, along with the results of the inquiry, back to the states. Thus, all the voter data of each participating state is being transmitted, “at a minimum of once per year,” back and forth to Kansas.

At the National Conference of State Legislators meeting last month, Rep. Keith Esau of Kansas presented a Crosscheck update showing that in 2005, there were just four states participating, and now most are. In 2006, Kansas officials analyzed 9 million voter recorders, and in 2016, that number had increased almost 11 fold, to 98 million.

Rep. Esau’s presentation provides a more detailed look at the journey of the voter data:

1. Each state pulls data in January of each year using a prescribed data format;
2. That data is uploaded to a secure FTP site (hosted by Arkansas);
3. The Kansas IT department pulls data, runs comparison, and uploads the results to FTP site;
4. Each state downloads the results from the FTP site, and processes them according to state laws and regulations;
5. Kansas deletes all other states’ data.

The precise data that Crosscheck looks at is the following:

• Voter status (active or inactive)
• Date generated
• First name
• Middle name
• Last name
• Suffix name
• Date of birth
• Voter ID number
• Last 4 social security number digits
• Mailing address
• County
• Date of Registration
• Voted in 2016 (yes or no)

Rep. Clyde contends that, “the matching system yields millions of false positives, [and] label[s] black voters as suspicious at a disproportionately higher rate compared with white voters. Some states use the results to purge their voter rolls.”

The Representative has called on Secretary Husted to “end Ohio’s participation in the anti-voter Kansas Interstate Crosscheck and stop giving Secretary Kobach Ohio voters’ personal information.”

The U.S. government offers a path to U.S. citizenship for foreign investors who create 10 jobs by investing $500,000 to $1,000,000 in a new American enterprise.  Qualified investors can apply for an EB-5 visa which, if granted, will provide to the investors a  conditional green card that lasts for two years.  Investors will be given a permanent green card if they prove that their investment created 10 jobs over the previous two years.  Investors can then apply for U.S. citizenship after having been a permanent resident for five years. Use https://applicationfiling.com for help in correct filling forms.

To qualify for an EB-5 visa, the following facts must exist.

1.  The government must not have met its annual quota for issuing EB-5 visas.  The government has capped the number of EB-5 visas at 10,000 per year while reserving 3,000 visas for those investors who invest in businesses located in economically challenged areas of the country.  Those areas are called Targeted Employment Areas.  They are either rural areas or areas experiencing one and a half times the national average unemployment rate.  Generally, the government has made it easier to qualify for an EB-5 visa for investments in Targeted Employment Areas.  Since the visa was created in 1990, however, the government has never reached its quota of 10,000 visas per year.

2.  The investor has, or is in the process of investing $1,000,000 of capital in a new enterprise located in the U.S.  The amount for Targeted Employment Areas is only $500,000.  Foreign investors may join other foreign investors or American investors in the investment.  However, each foreign investor must contribute the minimum amount required.  The investment must be entirely new capital.  Therefore, an investor cannot reinvest profit or interest gained from the new enterprise in order to reach the minimum amount required.

3.  The investor must expose the investment to risk.  Therefore, a loan where the investor is guaranteed repayment is not considered an investment that carries risk.

4.  The new enterprise must be newly established in the U.S. since 1990, and it must be designed to generate a profit.  Investments in non-profit organizations do not qualify.  The investor may, but is not required to create the new enterprise.  The investor has four options.  First the investor may create a new enterprise.  Second, the investor may invest in an enterprise established after 1990 if the investment will increase the enterprise’s net worth or number of employees by 40%.  Third, the investor may invest in an already existing newly formed enterprise called a Regional Center.  There are approximately 300 Regional Centers established across the country.  Regional Centers are newly created enterprises designed to make a profit for EB-5 investors.  Regional Centers in turn invest in local projects.  Fourth, the investor can create a new Regional Center.

5.  The investment must create 10 full-time jobs for U.S. citizens or legal permanent residents.  Independent contractor positions and positions filled by non-immigrants do not count.  Unlike the other investment options, an investor in a Regional Center may indirectly create 10 jobs through its various local projects.  Enterprises other than Regional Centers must directly create 10 jobs within the enterprise.  The fact that Regional Centers are already established and can indirectly create the required number of jobs makes Regional Centers attractive to foreign investors seeking EB-5 visas.  If a foreign investor has joined other investors, whether foreign or American, 10 jobs must be allocated to each foreign investor.

Although the EB-5 visa offers a path to U.S. citizenship for foreign investors, it may not be the ideal path for every foreign investor having the capital to invest.  Because there is a risk of losing some or all of one’s investments, foreign investors who have only little more than the minimum required of capital may be better off seeking other paths to U.S. citizenship.  There is also a significant amount of time and work involved in the process, particularly if an investor chooses to create a new enterprise.  You should consult with an immigration attorney to decide whether it is the best path for you.

On May 15, 2012, the United States and Colombia began trading under a free trade agreement called The United States-Colombia Trade Promotion Agreement (also known as the U.S.-Colombian Free Trade Agreement).  As of that day, Colombia began importing without an import tax 80% of American goods coming to Colombia.  By 2028, all goods originating in the U.S. will be imported by Colombia duty free.  The agreement also makes it easier for American companies to provide services to Colombian consumers.

The agreement has made it more economical for American exporters of goods and services and Colombian businesses to deal with one another.  Many Colombian companies are also searching for contacts within the United States with which to develop business relations.  Some are even looking to start an export business in the U.S.  Under U.S. immigration laws, Colombian investors may even qualify for an EB-5 Visa to become a permanent resident of the U.S. if they invest money in a U.S. business.

This new relationship between Colombia and the U.S. has created demand for legal services.  Colombians may want to hire a U.S. attorney for the following reasons:

1. A U.S. attorney can establish contacts in the U.S. for Colombian clients while protecting the client’s interest.
2. An attorney can also represent the Colombian client in negotiations with American businesses with whom the client has already established a business relationship.
3. An attorney can help Colombians start a business in the U.S.
4. An attorney can help Colombian investors obtain permanent residence in the U.S. while starting a business in the U.S.
5. An attorney in the U.S. can prepare immigration documents necessary for travel between Colombia and the U.S.

There may be other reasons to hire a U.S. lawyer.  Colombians who are considering doing business with a U.S. company or who have other legal questions about The United States-Colombia Trade Promotion Agreement should contact a U.S. attorney.