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Immigration Daily March 24, 2003
Previous Issues
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Editor's Comments

Seminar On I-9 Issues

The part of our immigration system that impacts America most widely is the I-9 form. No other provision of our immigration law touches more employers than the I-9 form. No other immigration form impacts more people - both citizens and aliens. However, the deceptively simple I-9 Form hides complex underlying issues and procedures. There are currently hundreds of government officials who are employed full-time and exclusively for I-9 related enforcement. With the creation of BICE, with its 14,000 personnel devoted to interior enforcement, new government initiatives for employer-related enforcement are entirely possible. All employers, including those downsizing and reducing their workforce, are impacted by I-9s, witness the hundreds of thousands of "mismatch" letters sent out by the Social Security Administration this past year.

ILW.COM's new seminar series "IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc." seeks to unravel the complexity surrounding I-9s and its related issues. Led by the head of the IRCA group at the largest immigration law firm in the country, it features distinguished government panel speakers, includinig representatives from OCAHO, INS General Counsel, and other government agencies. While aimed at immigration attorneys, this seminar series would also benefit in-house counsel and corporate HR personnel. See the links below for more on this informative and educational seminar.

For more info about this seminar series, including detailed curriculum, speaker bios, and registration information online, click here. (For more info, including detailed curriculum, speaker bios, and registration information by fax, click here).


Registration Deadline Is Monday, March 24th!

ILW.COM's new seminar "IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc." will be led by Cynthia Lange, head of Fragomen, Del Rey, Bernsen & Loewy P.C.'s IRCA Compliance Practice Group. She will be joined by several of her distinguished colleagues at the Fragomen firm (the largest immigration law firm in the country). Also joining her is Ellen Thomas, Administrative Law Judge at the Office of the Chief Administrative Hearing Officer (OCAHO). Another featured speaker is Linda Dodd-Major, who was the creator and director of the INS's Office of Business Liaison. Yet another featured speaker is Anja Przybylski of the INS General Counsel's Office. Many other nationally prominent speakers will be announced shortly. The curriculum for this seminar series is as follows:

FIRST Phone Session on March 27:

What's new in I-9 enforcements and case law?

  • Recent INS sweeps; What industries are targeted and who is affected?
  • Update on recent I-9 case laws
  • Where is the new I-9 forms and I-9 regulations?
  • Creative I-9 solutions for difficult situations
SECOND Phone Session on April 22:

Criminal I-9 enforcement and could it affect your clients?

  • What kind of criminal charges are U.S. attorneys filing?
  • How to protect your client from criminal I-9 charges
  • Recent criminal cases across the country
THIRD Phone Session on May 6:

Avoiding discrimination at the time of hiring: What advice to give your clients?

  • Is document abuse still alive?
  • What questions may you ask in recruiting
  • Discrimination considerations in terminations and reductions in force
  • Balancing national security and discrimination concerns

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.

Featured Article

Women And Naturalization, ca. 1802-1940: Part 2
Marian L. Smith writes, "In general, immigrant women have always had the right to become US citizens, but a succession of laws in the 19th century worked to keep certain women out of the naturalization process."

A Legal Guide For INS Detainees: Part 4
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention.

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:

Immigration Law News

4 Former Nuevo Laredo US Consulate Employees Plead Guilty To Conspiracy To Commit Visa Fraud
The Department of Justice announced in a press release that four former employees at the US Consulate in Nuevo Laredo, Mexico, pleaded guilty to conspiracy to commit visa fraud.

Interim Regional And Interim District Directors Named
Attached are the names of the Interim Regional Directors and Interim District Directors in the new Bureau of Immigration and Customs Enforcement (BICE) and the Bureau of Citizenship and Immigration Services (BCIS).

OALJ Lacks Jurisdiction Where Administrator Fails To Issue A Determination Or Does Not Timely Investigate
In the Matter of Bartsch v. Regents Of University Of California, No. 2002-LCA-20 (OALJ, Mar. 20, 2003), the Office of Administrative Law Judges (OALJ) said that the regulations do not have a provision conferring jurisdiction on the OALJ where the Administrator fails to issue a determination or does not timely investigate, and said that there is nothing in the statute and the regulations conferring jurisdiction on the OALJ to order the Administration to investigate or issue a determination, and further said that, the regulations gave the Administrator discretion as to whether or not an investigation of a complaint was warranted.

Substantial Evidence Supports BIA Conclusion
In Odor v. INS, No. 02-1858 (4th Cir. Mar. 20, 2003), the court said that it reviewed the Immigration Judge's credibility determinations and concluded that they were supported by specific, cogent reasoning, and therefore the [IJ] was entitled to substantial deference.

Police Harrassment Is Not Persecution
In Ciorba v. Ashcroft, No. 02-2213 (7th Cir. Mar. 21, 2003), the court said that Petitioner's experiences, of being questioned and having her home searched by police in her native Romania, was similiar to those that the court had recognized as constituting harassment, not persecution and said that Petitioner was never arrested, jailed, physically assaulted, threatened, or economically deprived.

DHS's Performance And Budget To Be Monitored Closely
The Washington Times reports that "[Secretary] Ridge asked for $36.2 billion and was told by the chairman of the new House subcommittee with jurisdiction to set specific goals and outcomes so the new department's performance can be judged by Congress."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Credential Evaluation And Translation Service
American Evaluation and Translation Service, Inc. (AETS) is the industry leader in foreign credential evaluations and translations. AETS provides the most competitive rates in the industry - $50 educational evaluations and $200 work experience evaluations completed by PhD university professors, who have the authority to grant college level credit for work experience and/or training. AETS offers a variety of turn-around times, including same-day educational and work experience evaluations. For a complete list of their prices and turn-around times, please see: Additionally, AETS provides expert translations in over 75 languages, with translators that are specialists in over 80 fields. For a copy of the application for credential evaluation and translation services, please contact AETS at (786) 276-8190, visit the website at, or send AETS an email:

Help Wanted - Experienced Immigration Attorney
The Law Office of Sheela Murthy, P.C., comprised of over 45 full-time professionals, seeks attorneys with 3+ years of Business Immigration experience to sustain growth and to service recently expanded areas of our immigration practice. We are looking for smart, energetic, motivated people who want to be a part of our dynamic team of professionals. The selected candidate should possess excellent writing and communication skills, have an eye for detail, and the ability to work independently. Strong interpersonal skills required. Please feel free to send us your resume (treated in confidence) along with a cover letter to: We are located in Owings Mills, Maryland - a 20 minute drive from Baltimore. For more details, visit

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
I appreciate your comments on the war. I am amazed at the vitriol of those who are so engrossed in their hatred of the President that they make common cause with the Patrick Buchanans and David Dukes of the world in turning their backs on the long-suffering people of Iraq and the reality of the dangers inherent in allowing this regime to go unchecked. Paying for homicide bombings, providing safe harbor for the training of terrorists, throwing Iraqi citizens into shredders and forcing others to watch as they die a screamingly painful and horrible death, applying torture and rape and torture of family members and children to the citizenry, gassing and murdering their own people, intentionally positioning combatants and war materials in the midst of civilians to use them as human shields in violation of the Geneva Conventions to which the country is a signatory, threatening the lives of families if scientists cooperate with the UN investigators, all this is apprently less distasteful than admitting that President Bush could be right. Of course, there are those who would tell you these folks are not worth the effort, since they are not whites of European descent, just as there were those who vociferously opposed entry in WW2, after all it was only Jews thought to be at risk then. (Then again, by the time the threat was recognized as having wider dimensions, and was addressed, it also was harder to overcome.) Is this really the company one wants to keep? I think not. War is never an easy answer. But the question here was not "War on not?" but "What kind of war and on whose terms?" And the issue mysteriously shifted from Iraq's failure to keep the terms of the peace to which it was a party to a deadly game of hide and seek, emboldening those who seek dominion through terrorism. Much as the current action disturbs me, I do not see the alternative as a better choice. Support the President and our troops? Definitely.

Name Not Supplied

Dear Editor:
This war is nothing more than an attempt by this Republican President to leave a legacy of eliminating one of the great evils of the world which his father failed to do. It is a shame he doesn't attack this recessionary economy with the same vengeance. At least he didn't have to make a deal with President Fox of Mexico to open the doors to illegal immigration in exchange for a U.N vote. I will give him that much.


Dear Editor:
I have read, with great interest, the continuing debate about what, if anything, should be done about the millions of illegal aliens that are present in this country and continue to flow into this country. I must, finally, strongly object to the thread, most recently expanded upon by R. E. Baer, equating enforcement of existing US immigration laws to the institutional slaughter of millions of German citizens carried out by Nazi Germany. Setting aside the obvious difference that many of the Jews and other victims of the Holocaust were lawfully in Germany until the rise of Hitler, this analogy does nothing to enhance intelligent, reasoned and thoughtful debate. It instead denigrates the memories of those that died in those camps and those that died defending freedom. I will, however, give R.E. Baer credit for raising questions as to the practicability of deporting the illegal aliens who presently reside here. Further, during the entire debate regarding immigration reform, I have found the emotional appeals to leave the illegal immigrants alone to be disingenuous. One would think, apparently incorrectly, that those who are seeking to protect the illegal immigrants from the US government, would be at least as concerned about the working conditions experienced by those who are within our borders. We have all met "undocumented workers" who work for wages below the minimum wage and in conditions that fail to meet OSHA standards. Why does the seemingly obvious solution of ending illegal immigration and ensuring that all who come here are protected by the laws of this country? Why is there an apparent lack of concern for the health and safety of those who do make their lives here, albeit without the permission of the US government?

Name not supplied

Dear Editor:
Can you forward me some information about issues concerning derivative citizen?

Name Not Supplied

Editor's Note: For help, try using our improved search engine. Notable improvements for the advanced search include the ability to search within a particular sub-section of the site such as articles, cases, Immigration Daily, Immigration Weekly, or site-wide. Previous issues can also be accessed by browsing our archives by date. Try out our advanced search for yourself.

Dear Editor:
Recently, a writer wrote that the inscription on the base of the Statue of Liberty was idealistic and not in accordance with present times. He especially questioned the part, "the wretched refuse of your teaming [sic. teeming] shore". I want to defend what I interpret to be the true meaning of these words and the timelessness of the poem. Emma Lazarus with poetic license was not saying. "the despicable trash of your swarming shore", but rather, "the unhappy rejected of your abounding (crowded) shore". Back in 1883 when the poem was written, some words may have had different interpretations than they do today. I am sure Emma Lazarus wanted her words to be more akin to the meaning I find within when I read the poem than to some other base interpretation. Subscript (definitions): Huddled: crowded as from cold or fear. nestled, snuggled. Wretched: profound unhappiness, unhappy person, sad, attended by woes, despicable. Teeming (vs., teaming): abounding in, swarming with, prolific, fertile. Refuse: rejected, discarded, trash, rubbish.

R.E. Baer

Dear Editor:
If Mr. Baer's method of returning "millions" of Mexican immigrants is in a manner that would be less disruptive than deportation, I would applaud that. My general recommendations did not preclude various ways to control immigration numbers and was not limited to deportation. But further hyperbole in comparing an orderly, safe deportation with WWII internment camps or Nazi atrocities is inexcusable and excessive concern for immigrants can only come at the expense of our citizen's interests which have long been ignored with such attitudes. Even with other methods of reduction, deportation must become a more viable sanction with local law enforcement assisting. Why would this be an "utter impossibility" except to those against it? Illegals that came one at a time can return the same way, many by bus. Any problems in doing that can be added to the already long list their illegality causes and billed to the country of origin. In response to Mr. Baer's query, what is needed are policies for drastic reductions of immigrants to be implemented now, not "compromise". Fire, when limited and contained, is generally beneficial, but when out of control, is highly destructive. Our situation is far more serious that some realize. The Southwestern states are "ablaze" and well on the path to becoming the hoped for Aztlan of Mexican radicals. In this goal, even nonradicals just "looking for a better life" contribute to the numbers needed. There has been much controversy here and nationally regarding the war with Iraq. Iraq has not illeglly invaded the US by the millions, busting our budgets and diluting our culture, nor proclaimed their intent to take territories. Mexico has long done all of these and is doing them now. It is by our own myopic policies and those who uphold them that allows this. Weapons of mass invasion are just as damaging as weapons of mass destruction.

R. L. Ranger

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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