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Immigration Daily


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Immigration Daily September 17, 2002
Previous Issues
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Editor's Comments

Today's Featured Article is "Uncle Sam Wants You: Why America Needs A Wartime Immigration Law" by Gary Endelman. He writes that for all the loud noises about the war on the terrorists made by the Administration, nothing proposed so far on immigration goes beyond cosmetic changes. Mr. Endelman writes that there has been no fundamental re-ordering of INS's priorities and that much of the agency's time, energy and human capital is spent on things that should have been made irrelevant by September 11th. He says that "Neither the supporters or opponents of immigration really care a whole lot about the war effort." Mr. Endelman asks "How much time and energy is wasted by US Consular officers in trying to decide who is likely to stay here and who is likely to go back? Would the war effort not be better served by having these same resources used to find out where the bad guys are and make sure that THEY do not get visas? ... How does an ever-growing mountain of I-9 forms help defeat Osama Bin Laden?" He points out that "It is fundamentally unfair to the men and women of the INS to ask them to enlist in the war without giving them brand new marching orders."


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Featured Article

Uncle Sam Wants You: Why America Needs A Wartime Immigration Law
Gary Endelman asks "How does an ever-growing mountain of I-9 forms help defeat Osama Bin Laden?"

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Immigration Law News

BALCA Says Employer's Unsubstantiated Assertions Do Not Establish Basis For Restrictive Requirements
In the Matter of Kathy Edwards, No. 2001-INA-00064, (BALCA, Sep. 12, 2002), the Board of Alien Labor Certification Appeals said that the Employer had done no more than make unsubstantiated assertions that the position of Child Tutor required 4 years of college and 2 years of experience, and that the BALCA agreed with the Certifying Officer that the Employer had not established a basis for her restrictive requirements.

Undocumented Apprehensions Down 28%
INS issued a news release saying that apprehensions of undocumented immigrants trying to enter the US illegally were down 28%.

INS Announces Office Of Transition And Restructuring
INS's website announced that "Acting Deputy Commissioner Mike Becraft has been appointed to lead the INS Office of Transition and Restructuring, which will coordinate all agency-level activities related to transitioning to the Department of Homeland Security and restructuring immigration services and enforcement functions."

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ABA President Writes Open Letter To Legal Profession
In an open letter to the profession of law, the President of the American Bar Association writes in that "The law is, and always will be, our collective shelter from the storm."

Tancredo's Call For Deportation Of Honor Student Spotlights Necessity To Reform Immigration Law
The Denver Post reports "Rep. Tom Tancredo's decision to ask federal immigration agents to deport an Aurora honor student has touched a national nerve, one that reaches back to the blaring contradictions of the country's chaotic immigration system, experts say."

Deport Tancredo?
The Rocky Mountain News quotes Veronica Barela, a candidate for Denver City Council saying "We are a nation of immigrants. Maybe Tancredo should go back to where he came from."

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Editorial Help Wanted
ILW.COM has a New York City based, full-time Editorial position open.
What ILW.COM offers:
We offer an unrivaled opportunity to acquire holistic knowledge of immigration law and an excellent opportunity to gain rapid recognition in the immigration law community. We offer an opportunity to gain useful technological and research skills. We have an informal and friendly small-company environment. Some flex-time is possible. We also provide company-paid health insurance.
What the job involves:
The job involves primary responsibility in preparing our flagship product, Immigration Daily, and in adding new legal content to the website. The position also involves contributing to the team effort in growing a small company.
The right candidate must have the following:
An intense interest in learning about all aspects of immigration law is an absolute must. The right applicant must also be a "power searcher," i.e. must be very comfortable with finding information on the internet. Basic knowledge of immigration law is required. A law degree is highly preferred, but is not an absolute requirement. Experience as an immigration lawyer is desirable, but not necessary.
Who is ILW.COM:
We are a law publisher based in New York City. We are a small business, currently we have 6 team members. We own and operate, one of the most important websites on immigration law in the world. We publish Immigration Daily, the pre-eminent news publication in immigration law, which is emailed to over 10,000 opt-in subscribers 5 days a week. We have an attorney referral service and offer seminars on immigration law to attorneys.
Interested applicants should kindly send a resume by email to References are required.

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Letters to the Editor

Dear Editor:
I would recommend ILW.COM to forget about Tancredo. He really does not deserve any comments, mentions or editorial time. He does not have any authority or an honest approach to Immigration Issues. Quote others, like Sen. Kennedy or intellectually well formed House or Senate members. Several times lately I have found articles on ILW.COM on him, and his views are really a trash in all sense those words have, and moral junk. Ignore him, please!

Pablo Jaramillo

Dear Editor:
I've read the Denver Post article on Jesus Apodaca mentioned in Monday's issue of Immigration Daily, and I wanted to express my opinion. For informational purposes, I am a native-born US citizen and I am not employed in any position involving immigration.

In Mr. Apodaca's case, Rep. Tancredo certainly appears petty - there are plenty of illegal immigrants more deserving of his time and attention. However, being petty does not prevent him from being right in this situation. As in this case, any illegal immigrant stupid enough to allow his name and picture to be placed on the front page of a newspaper (or published at all) deserves a good hard look by the INS. Mr. Apodaca has stood up and said that not only is he breaking the law by living and studying in the US, he deserves in-state tuition and financial aid. This shows even more hubris than Rep. Tancredo has shown on this matter.

Aliens who choose to live, study or work in the US illegally are law-breakers - plain and simple. Mr. Apodaca is in the same class as a brilliant thief - a very smart person who is breaking the law. It's about time that we start enforcing the law by deporting any illegal immigrant that comes to the INS's attention, no matter how that happens. Letting this young man remain is a slap in the face to all legal immigrants who went through the major effort required to follow the rules.

Mark Smith
Hamilton, NJ

Dear Editor:
I agree, concede and admit that the Minnesota lawyer, commenting on your castigation by a critic of your editorial use of the redundancy, "sent back down and remanded" does make a good, valid, cogent point.

Yes, the "Cotton Mather" humor of the critic, scathingly bringing to your attention, heed, notice and regard through that censure, condemnation, disapproval and correction of your use of the redundance certainly is "a hoot", to coin her colorful, but hackneyed, euphemism.

Certainly a well educated linguistically oriented, "top English student graduate from a major University, former law review member, and published attorney author in a law review" is in a clear and concise position, capacity, post and station to objectively dissect, discern and disseminate a critique of the subtle nuances of the English language, here in a rapier-like manner, similar to that of a skilled surgeon slicing the skin of a sickly citizen in the emergency room of an over-crowded inner city hospital. In my humble opinion, she did that quite well, convincingly, and pretty good too. The point is, redundance is good. Especially in the cockpit of a jetliner or a rocket to the Moon, where you only get one chance to make it back alive.

As our scholar has so aptly, eloquently, articulately and expressively stated, demonstrated, and made a point of, is that the ILW.COM "audience of some para professionals and lay persons" may lack her coveted command of the King's English, and therefore, and because of that lack of education, sophistication, command of vocabulary and literary aplomb, may need guidance in order to understand that, in the linguist's words, ""remand" means for the higher court to return the opinion back to the lower court for additional findings or other action". Therefore, undeniably, repetition creates clear clarity. As does the linguist, I give kudos to the editors of ILW.COM for a job well done by using the repetitious redundancy for the clarification of all, lawyers, laymen and para professionals alike, and cast a sneerful shadow of cynicism upon anyone who would criticize redundance.

However, I whole-heartedly, completely and totally agree with the "accomplished linguist" that, "next time, perhaps, (you should) put the definition in parenthesis/es for the non-lawyers." Or, for lawyers like I, who were not on law review. After all, as she states, "This is actually the best writing, when you make your word usage of terms clear for all of your readers." Or, I believe, when you write clearly and concisely; but either way is good.

Well, all this is now certainly clear, apparent, and obviously plain to me, thank you very much! Before you remand this back down to your readers, I hope you will allow this ray of humor to brighten your day and spread sunshine on our troubled world, in the hope that peace is dawning on the morrow.

David D. Murray, Esq.
Newport Beach, CA

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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