The labor certification regulations were last revised in a major way in the
closing years of the 1970s and the opening years of the 1980s. The
statutory provision at 212(a)(5)(A) has not been changed in the years since
then. Commenters to the recently proposed PERM regulations may therefore
want to examine how the issue of statutory intent was addressed at the time
of the last regulatory change. A particularly noteworthy analysis of
Congressional intent during the last regulation change was in an obscure
law journal article that we would like to commend to the attention of
everyone seriously interested in the labor certification system: Labor
Certification Under Revised Regulations, by Harish K. Singhal (823 Southern
California Law Review 1978) (the especially helpful part of the article is pages 823-834). July 5, 2002 is the deadline for filing
comments to the proposed PERM regulations. We encourage attorneys,
employers, and all those affected by the labor certification program to
send in their comments. The proposed regulations, as well as instructions
on how to comment, can be found by clicking
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2002 National AILA Wrap-Up
Jose Latour presents a detailed overview of all aspects of the recently concluded AILA national conference.
This article covers A Major Production in San Francisco, Hot Topics at the 2002 AILA National Convention, Government Jewels Shine in San Francisco, Vendors Galore: Providing Support to Immigration Attorneys, and Thirty-Five Hundred Immigration Attorneys and Nothing's On... Reflections of An Old Timer
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Immigration Law News
EEOC Responds To Supreme Court Decision On Undocumented Workers
The Equal Employment Opportunity Commission (EEOC) responded to the Supreme Court decision in Hoffman Plastic Compounds, Inc. v. NLRB, No. 00-1595 (Mar. 27, 2002).
It rescinded the enforcement guidance
on remedies available to undocumented workers under federal employment discrimination laws and reaffirmed its commitment to protecting undocumented workers from
Immigration Discussed In SSA Memo
The Inspector General of the Social Security Administration (SSA) sent a memorandum to the SSA Commissioner wherein on page 24 is said "[the] study recognized that noncitizens in the country illegally might at some later point be entitled to Social Security benefits associated with their income. See 42 USC 410. Consequently, [the study] recognized that earnings in the ESF attributable to such noncitizen work activity could potentially be claimed and reinstated following changes in the current immigration laws"
and wherein on page 34 under the heading "Obstacles to reducing social security number misuse in the agriculture industry" is said "Collaborate with the INS to develop a better understanding of the extent that immigration issues contribute to SSN misuse and growth of the ESF [Earnings Suspense File]. Additionally, reevaluate its application of existing disclosure laws or seek legislative authority to remove barriers that would allow the Agency to share information regarding chronic problem employers with the INS."
Progress Report On Canadian Smart Border
U.S. Homeland Security Advisor Tom Ridge and Canadian Deputy Prime Minister John Manley have issued a joint progress report on the
implementation of the Smart Border Declaration signed in December 2001.
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Supreme Court Keeps Terror Immigration Hearings Closed
The Associated Press reports "the Supreme Court on Friday blocked a judge from opening immigration hearings for foreign terrorism suspects, granting the Bush administration's emergency request for a stay."
Supreme Court Agrees To Hear Immigrant Bail Case
The Associated Press reports "the Supreme Court agreed Friday to consider whether the government can jail immigrant criminals without bail to keep them from fleeing before deportation hearings."
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Letters to the Editor
AILA has issued the following press release:
Washington, D.C. - Reorganization of the Immigration and Naturalization Service (INS) is critical whether or not the INS is included in the proposed homeland security department, according to testimony released today by the American Immigration Lawyers Association (AILA).
“There is broad consensus, reflected in bipartisan legislation in Congress, that the INS needs to be reorganized,” said Kathleen Walker, who testified today and yesterday on AILA’s behalf at House and Senate hearings on immigration reform and homeland defense. “Now, with the announcement of a homeland security department, INS reform is more critical than ever.”
The principles on which an effective reorganization of the INS must be based are the same whether or not the INS is included in the homeland security department, according to the testimony. The principles—spelled out in the bipartisan INS restructuring bill, S. 2444—are: coordinate the separated service and enforcement functions, place at the helm a leader with the authority to develop and administer immigration policy for the entire agency, and adequately fund INS so that it can carry out its mission.
“An effective immigration system is crucial to our national security,” commented Walker. “And a fair immigration system is fundamental to who we are as a people and a nation of immigrants.”
AILA believes that our nation is best served by keeping the immigration system outside of the new homeland agency. If it is included within the new agency, however, it needs to be a separate division—not part of the proposed Border and Transportation Security division—to function effectively and fairly.
AILA also believes that the new agency must include a civil rights and oversight function to ensure that the new agency upholds the Constitution and the basic rights of all persons; visa processing needs to remain a function of the State Department, which sets visa issuance policy, to avoid the chaos that would result from separating policy and process; and the Executive Office of Immigration Review must not be brought into the new agency, but rather made an independent agency in order to guarantee the impartiality and checks and balances of our justice system.
“Creating a department of homeland security is an enormous undertaking, and Congress must take the time to get it right,” said Walker. “We cannot afford the mistakes and oversights of a hasty examination. There is too much at stake.”
In her testimony, Walker cautioned Congress to enhance our security without harming our internationally based economy, our dedication to respecting individual rights preserved by the Constitution, and our tradition as a nation of immigrants.
“Nowhere is there a greater call for change than in reforming our immigration laws to enhance our security, support our economy and American businesses, and reunite families,” said Walker.
Walker also emphasized that the bureaucratic restructuring created through the Homeland Security Department cannot take the place of either a comprehensive homeland security strategy or the need to reform outmoded immigration laws.
“The goals of a new Homeland Security Department cannot be achieved until our immigration laws are reformed to make legality the norm,” Walker added. “This can be achieved through the U.S./Mexico discussions.”
American Immigration Lawyers Association
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