Our nation is embarked on a war, albeit a war without a formal declaration of such by Congress. A defensive attitude to immigration is not only understandable in this context, but as Gary Endelman writes in today's Featured Article, it may even be necessary to win the war. However, the lesson of history is that America has won her wars in the past, not just by the bravery of her soldiers, but also by redoubling national production to support the war effort. Just as freedom is not free, war is not free either, it must be paid for, not just in blood, but in hard money, too. Increased economic output to support this war will likely be not just difficult, but impossible without significant and increased immigration to strengthen the economy. As Gary Endelman writes "immigrants are front line soldiers in the fight that has enlisted us all."
Deadline Is June 25th!
The deadline to sign up for ILW's seminar on interdisciplinary issues in immigration law is June 25th. The agenda for the seminar is as follows:
- How tax law issues intersect with immigration law.
- Who can be taxed as a non-resident?
- What exemptions can non-United States Citizens traveling abroad claim and still retain U.S. immigration status?
- When do U.S. tax obligations end? (sailing permits, renunciation, abandonment)
- How labor law issues intersect with immigration law.
- When is a petition an employment contract?
- How do posting requirements impact state labor laws?
- What role do unions play when a company is foreign workers?
- Citizenship and National Origins Discrimination
- Other issues related to termination
For more info, or to sign up online, please click here.
For more info, or to sign up by fax, please click here.
Uncle Sam Wants You: Immigrants And The War Against Terrorism
Gary Endelman writes that America is adopting a circle the wagons attitude to immigration in the light of the war against the terrorists, and that this is an incomplete strategy for success in the war, the missing component being a renewed commitment to increased immigration as the foundation for the economic strength which will be essential in winning the war. While supporting "all necessary safeguards, up to and including a temporary moratorium on immigration from countries that sponsor terrorism," he reminds us that "immigrants are front line soldiers in the fight that has enlisted us all."
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Immigration Law News
INS Issues TPS Reminder
INS issued a reminder to "those eligible Hondurans and Nicaraguans to re-register immediately for Temporary Protected Status (TPS) to maintain TPS and employment authorization for the 12-month period beginning on July 5, 2002 and ending on July 5, 2003."
Ziglar Defends B Visa Restriction Proposals
In testimony before the House Committee on Small Business, INS Commissioner Ziglar defended INS's proposed rule restricting Visitor visas.
Airport Statements Of Alien With Multiple Linguistic Barriers Are Not Ground For Adverse Credibility Finding
In Singh v. INS, No. 01-70177 (9th Cir. Jun. 10, 2002), the court held that the Board of Immigration Appeals's (BIA) reliance on Petitioner's airport statements made under difficulties with multiple linguistic barriers faced by the Petitioner who did not speak any English upon his arrival in the US did not constitute a valid ground for an adverse credibility determination, and that the BIA's conclusion of adverse credibility of Petitioner's previous arrests in India was based on conjecture, not evidence, since the BIA pointed to no evidence in the record undercutting Petitioner's explanation, nor did it offer a cogent reason for rejecting his account.
IJ May Rely On PSR To Determine Nature Of Conviction And To Determine Removability On Aggravated Felony Grounds
In Abreu-Reyes v. INS, No. 99-70542 (9th Cir. Jun. 10, 2002), the court found that the Petitioner's pre-sentence report constituted proof of the nature of her criminal conviction and that access to the report by an Immigration Judge to determine whether an alien is removable for having committed an aggravated felony would serve the ends of justice.
Totality Of Circumstances Supports Stop
In US v. Montano-Campa, No. 01-2208 (10th Cir. Jun. 10, 2002), the court said that the totality of circumstances surrounding the stop of Defendant by the Border Patrol did not violate the Fourth Amendment protection against unreasonable search and seizure.
Attendees List for SEVIS meeting
The Office of Management and Budget issued a list of attendees to a meeting for implementing the SEVIS program
Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/
Should California Create Its Own INS?
Dan Walters, a columnist for the Sacramento Bee, writes that a California State Commission has recommended "that California create what it calls a 'Golden State Residency Program' that would offer a form of state-sanctioned status -- including driver's licenses -- to immigrants deemed worthy, regardless of their legal status" and asks "Should California create, in effect, its own immigration and naturalization service?"
Representative Introduces Broad Legalization Bill
The Arizona Daily Star reports "U.S. Rep. Ed Pastor introduced an amnesty bill Friday that would allow illegal entrants who have been in the United States since before Jan. 1, 2000, to apply for residency.
Who Owns American Jobs - American Employers Or American Employees?
Siliconvalley.com reports that "The Justice Department is investigating whether Sun Microsystems has discriminated against U.S. citizens in favor of foreign workers here on temporary H-1B work visas."
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Help Wanted - Immigration Attorney
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