Announcement from the Publisher, and Editor pro tempore: On Friday, August 9, 2002, I will be a Speaker at the Immigration Law Basics Seminar at Mt. Laurel, New Jersey organized by the New Jersey Institute of Continuing Legal Education. My topics will be: Impact of the internet on the practice of law, using the internet for client development including case studies from immigration law firms, and recent developments in software for immigration lawyers. Other speakers will cover several substantive issues in immigration law. For more information on this event, click here.
New Seminar On Advanced Business Immigration Topics
ILW.COM's new seminar course with Angelo Paparelli will cover cutting-edge, advanced issues in business immigration. The first session in August will cover "the gems and the thorns" in the new Concurrent Filing rule and alternatives to labor certification. The second session in September will include mergers and acquisitions as well as advanced issues in Blanket Ls and E-2 visas. The final session in October will feature an "Experts Roundtable" on cutting-edge hypotheticals. This seminar course features Nathan Waxman, Pete Larrabee, Margaret Catillaz, Alan Tafapolsky, Bryan Funai as guest speakers (more guest speakers to be announced).
For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.
H-1B Series: Legal Background of the H-1B "Specialty Occupation" Program - Statutes and Regulations Practitioners Should Know
George N. Lester IV continues the H-1B Series with a review of the Statutes and Regulations in the H-1B program.
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Immigration Law News
BALCA Certifies Application Where Employer Showed Good Faith Recruitment Despite Being Hampered By CO's Unclear And Contradictory Requirements
In the Matter of China Industrial Manufacturing Group Inc, No. 2002-INA-00033 (BALCA, Jul. 17, 2002), the Board of Alien Labor Certification Appeals certified a labor certification application where the Certifying Officer (CO) had denied the application on the ground that the Employer did not use certified mail to contact one of the applicants for the job (a position subsequently overruled by BALCA), finding that Employer had demonstrated good faith recruitment efforts that were "hampered by less than clear as well as contradictory requirements by the CO."
President To Discuss Immigration With Mexico?
At a White House Press Briefing, the Press Secretary was asked whether President Bush will be discussing immigration with President Fox later this month.
2nd Circuit Asks BIA To Consider Retroactive Application Of Section 602 Of IMMACT90
In Gelman v. Ashcroft, No. 01-4093 (2nd Cir. Jul. 26, 2002), the court remanded the case back to the Board of Immigration Appeals to consider the impact of the Supreme Court's decision in St. Cyr on the retroactive application in this case of section 602 of IMMACT90, under which Petitioner was found by the Immigration Judge to be deportable as an aggravated felon since he had been convicted of first degree arson in 1988.
Harassment And Abuse Do Not Amount To Torture Under CAT
In Emruloski v. Ashcroft, No. 01-4083 (3rd Cir. Aug. 1, 2002), the court noted the Immigration Judge's determination that Petitioner's untimely motion to reopen his asylum application under the Convention Against Torture (CAT) was a dilatory tactic and said that even taking Petitioner's allegations as statements of fact, a failure to submit to conscription resulting in constant harassment and abuse does not amount to torture as protected under the CAT.
No Jurisdiction To Review When Motion To Reopen Is Granted
In Lopez-Ruiz v. Ashcroft, No. 01-70285 (9th Cir. Aug. 2, 2002), the court found that the granting by the Board of Immigration Appeals of Petitioner's Motion to Reopen meant that there was no longer a final decision for the court to review.
Fear Of Harm Based On Imputed Political Opinion Is Basis For Asylum
In Mejia v. Ashcroft, No. 00-71638 (9th Cir. Aug. 2, 2002), the court held the Board of Immigration Appeals committed legal error when it held that the Petitioner was not eligible for asylum, even though his unchallenged testimony demonstrated that he appeared on a hit list of the New People's Army (NPA) in the Philippines after acting as an informer against the NPA, and said that a failure to recite the proper standard of review did not constitute wavier of a properly raised merits issue.
INS Seeks Comments
INS sought comments on Nonimmigrant Petition Based on Blanket L Petition, Form I-129S; Arrival and Department Record, Form I-94; Certificate for health care benefits; Interagency alien witness and informant record, Form I/854; and Application for Nonresident Alien's Mexican Border Crossing Card, Form I-190.
DOS Corrects VWP Rule
The Department of State published a correction to a recent rule on the Visa Waiver Program.
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Ashcroft: Good Intentions On A Bad Road
David Keene, chairman of the American Conservative Union writes in Hill News "Those who seek to protect us must keep one eye on that they seek to protect."
On Posse Comitatus
Gene Healy, senior editor at the Cato Institute writes in the Washington Times "The America we're fighting to preserve is a free, democratic republic -- not a banana republic."
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Letters to the Editor
I would like to comment on the letter from Mrs. M
Johnson who appears to hate lawyers due to some harm or
injustice caused by a lawyer at some point in her life.
Her criticism of immigration attorneys is misplaced
and should be directed at the current system of laws.
Immigration attorneys are very good at getting their
clients what the law provides: citizenship, permanent
residency or other benefits. They deserve to be paid
for their services. Does Mrs. Johnson have a problem
with medical doctors who make money off of sick people?
What about car salesmen making money off of people
needing transportation? These individuals also provide
a service to people and make money by doing it, and the
vast majority do it just for the money. The vast
majority of immigration attorneys are very concerned
with upholding the laws of the U.S., just like most
accountants seek to conduct proper audits, Arthur
Finally, since she threw in the God card, I cannot
resist commenting that the greatest advocate/lawyer is
Jesus Christ who will represent Mrs. Johnson on her
Judgment Day (See 1 John 2:1 and Romans 8:34). But,
then again, she wants to kill all the lawyers. . .
A new study from the Public Policy Institute of California points to the desperate need for a re-orientation of our nation's immigration policies. In Holding the Line, The Effect of the Recent Border Build-up on Unauthorized Immigration, authors Belinda Reyes, Hans Johnson, and Richard Van Swearingen assert that our recent emphasis on increasing resources to patrol our nation's borders have had little to no effect on reducing unauthorized migration. Instead, these policies have merely channeled desperate migrants to more remote crossing points, increasing the number of fatalities along the border and enhancing the market for immigrant smugglers. The study also finds that unauthorized immigrants may be staying longer in the U.S. than before the border build-up, which is yet another indication that our current policies for controlling undocumented immigration may, in fact, be having the opposite effect.
The authors explore a variety of policy positions that might more effectively reduce unauthorized migration. Options that negotiate the economic push and pull factors that drive people to migrate hold the most promise for long-term success. For example, our current immigration system allows only 5,000 immigrant visas for low and un-skilled workers per year, while our economy obviously demands many more of these workers. This mismatch means employers cannot obtain the workers they need legally, and potential employees cannot find legal means to enter the country and obtain jobs waiting for them. Direct investment in regions sending many migrants to the United States, coupled with a more realistic number of employment-based visas for the workers our economy demands-both now and in the years to come-would more realistically address our nation's labor needs and reduce the pressure for people to migrate under dangerous conditions.
As the authors of this study suggest, until we fix our broken immigration laws we will continue to see more deaths related to remote border crossings and alien smuggling, and we will fail to stop the rise in the undocumented immigrant population. The recent deaths of two undocumented immigrants, who were being smuggled through Texas in an 18-wheeler, are a stark reminder that this problem remains as grave as ever. We need modern immigration policies that work with, not against, the economic factors that drive immigration. On the occasion of President Bush and President Fox of Mexico's meeting in August, we urge both leaders to return to the promising negotiations on migration that they began last year, and to take bold steps that make migration orderly, regulated, and legal instead of chaotic, underground, and deadly.
For a research brief covering highlights of the Public Policy Institute of California's report, visit: http://www.ppic.org/publications/PPIC162/PPIC162RB.pdf.
For the full text of this report, visit: http://www.ppic.org/publications/PPIC162/ppic162fulltext.pdf.
National Immigration Forum
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