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Immigration Daily


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Immigration Daily April 17, 2003
Previous Issues
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Editor's Comments

Busy Year Ahead For Congress

With the war against Saddam Hussein's Iraq essentially over, Congress will soon be turning its attention to other, primarily domestic matters. Some of the legislative posturing ahead will have much to do with the Presidential elections in 2004. Immigration policy promises to be part of the lively Congressional sessions later this year. That should be a pleasing prospect for pro-immigration Americans, and here's why. Sooner or later, Congress must confront the fact that our immigration system is out-of-sync with the way our country works, and that legalizing immigrants is not an issue of generosity, but necessity. The more that Congress confronts any immigration matter, the more the issue of the undocumented is going to stare Congressional representatives in the face. So, while 245(i) is not quite yet the talk on the Hill, don't count it out of the running. Immigration Daily looks to the future with hope, and will continue to report the future to you as it unfolds day-by-day.


Registration Deadline Is Thursday, April 17th!

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 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 OSC. While aimed at immigration attorneys, this seminar series would also benefit in-house counsel and corporate HR personnel. The deadline to sign up for this seminar is Thursday, April 17th.

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

How to Avoid the Dreaded Request for Evidence: I-140's
Carl Shusterman writes "Strange as it seems, many people who qualify for temporary O-1 visas as persons of extraordinary ability do not automatically qualify for the permanent EB1-1 category even though the standards are the same."

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Immigration Law News

Commissioner Bonner Says Recent Reorg Results In Total Of 18,000 BCBP Officers
During a speech, Commissioner Robert C. Bonner of the Bureau of Customs & Border Protection said, "The reorganization means that 6,000 immigration inspectors and nearly 3,000 agriculture inspectors have joined with the 9,000 plus U.S. Customs inspectors and canine enforcement officers, to provide a total of 18,000 Customs and Border Protection officers at our nation's ports of entry."

DOL Orders Dismissal In H-2A Matter
In the Matter of Global Horizons Manpower, No. 2003-TLC-5 (OALJ, Apr. 11, 2003), the Office of Administrative Law Judges granted the Employer's request to withdraw its appeal.

Court Vacates Opinion Upholding IIRIRA Limitations on Habeas Review of Expedited Removal
In Li v. Eddy, No. 97-35814 (9th Cir. Apr. 7, 2003), the court vacated on the grounds of mootness, its earlier opinion dated August 8, 2001, where the court had found the district court had properly dismissed Petitioner's habeas petition challenging her expedited removal.

Arizona Theft Offense Is Not Aggravated Felony
In Nevarez-Martinez v. INS, No. 02-70049 (9th Cir. Apr. 16, 2003), the court said that it was evident that some sections of the Arizona theft offense statute lacked the criminal intent element and covered more than generic theft, and did not constitute an aggravated felony.

8th Circuit Splits With 6th And 9th Circuits On Indefinite Detention
In Borrero v. Aljets, No. 02-1506 (8th Cir. Apr. 15, 2003), the court held that "Because the detention of inadmissible aliens does not raise the same constitutional concerns as does the detention of admitted aliens, we conclude that Zadvydas' narrowing construction of 1231(a)(6) does not limit the government's statutory authority to detain inadmissible aliens." This opinion creates a circuit split on this matter, the 9th Circuit and the 6th Circuit (en banc) have previously found to the contrary on this matter.

Lawsuit Filed Regarding Local Enforcement Of Immigration Law
New York Newsday reports "Immigrant advocates and civil rights groups are suing the Justice Department for documents explaining the extent state and local police are to enforce noncriminal immigration laws."

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Letters to the Editor

Dear Editor:
AILA's letter to the editor asserted that immigrants are paying their own way in the US because they paid $130 billion in individual income taxes and $30 billion in business taxes. Of course, they don't cite the source of these figures, nor do they put them in context, if in fact, they are correct. Let's assume that the figures are correct. If one will check out the IRS website,, one will find that the total individual taxes paid in 2002 amounted to $1,037 billion, of which $130 billion is approximately 13 percent. Of corporate taxes paid, $30 billion is approximately 14 percent. According to the US Census Bureau (February 2002), immigrants and their offspring now number 56 million, or 20 percent of the US population. In other words, immigrants are contributing less in taxes in relation to their share of the US population. Also, based on data presented in the Statistical Abstract of the US 2001 (table 44), the rate of poverty among the native-born is about 11 percent, while among the foreign-born it is almost 17 percent. It's true that many immigrants do pull their own weight in the US, and more. But it is also true that many do not. In the aggregate, they are not. The US needs to examine what it expects from its immigrant population, and what it is willing to pay, not only in terms of dollars and cents, but in terms of social cohesion.

Ali Alexander

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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