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Immigration Daily May 1, 2003
Previous Issues
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Editor's Comments

Immigration-Related Employment Discrimination

ILW.COM's seminar on I-9s and related matters features a galaxy of legal talent, both from within and without the government. This is truly an area of law whose time is coming, and soon, if BICE has its way. The final session features a discussion on immigration-related employment discrimination. The deadline to register is Thursday, May 1st. For more info, including detailed curriculum, speaker bios, and registration information online, click here.


"IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc."

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. See the links below for more on this informative and educational seminar.

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

The Pitfalls of Bad Web Design
Peter Boyd, Esq. identifies web design pitfalls to help your firm create and maintain a professional quality web site.

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

BIA Says Nationality Can Be Acquired Only Through Birth Or Naturalization
In re Moises Navas-Acosta, 23 I&N Dec. 586 (BIA 2003) (Apr. 29, 2003), the Board of Immigration Appeals (BIA) said that "After considering the historical meaning of the term "national" and the statutory framework of the [Immigration and Nationality Act], we find that nationality under the Act may be acquired only through birth or naturalization. The BIA opinion also said "Citizenship is one form of nationality, and that the definitional provision the alien's argument was based on did not set forth the terms and conditions for acquisition of nationality, and that whether "One owes permanent allegiance to the US" is not a matter of individual choice but one of reciprocal responsibility between an individual and a sovereign.

DHS Grants Asylum To Iraqi Who Aided PFC Lynch Rescue
Both the White House and the DHS announced that the Bureau of Citizenship and Immigration Services granted asylum to Mohammed Odeh Al Rehaief, the Iraqi citizen who provided information to the US Marines that led to the rescue of Private Jessica Lynch from a hospital in Nassiriyah, Iraq.

Ridge Announces "USVISIT" Technology To Track Visitors' Entry-Exit
During a speech before the National Press Club, Secretary Ridge said, "All in all, the US Visitor and Immigration Status Indication Technology System (USVISIT) is a crucial new border security and enforcement tool that will capture point of entry and exit information by visitors to the US."

18-Month Temporary Protected Status Granted To Eligible Hondurans And Nicaraguans
The Bureau of Citzenship and Immigration Service (BCIS) released a press statement and FAQ's announcing the extension of the temporary protected status (TPS) for Honduras and Nicaragua for a period of 18 months until January 5, 2005.

DOL Approves $4,000 In Back Wages In Matter Where Individual Accepted Personal Liability In Addition To Corporation
In the Matter of Administrator, Wage & Hour Division, v. Worldlink Techonologies, LLP, No. 2003-LCA-00011 (OALJ, Apr. 29, 2003), the Office of Administrative Law Judges approved back wages in the amount of $4,909. In this case, a corporation and an individual accepting personal liability were joint respondents.

No Relief In Federal Court Where Petitioner Fails To Exhaust Administrative Remedies
In Okonkwo v. INS, No. 02-3519 (3rd Cir. Apr. 29, 2003), the court said that Petitioner was being detained as an arriving alien under Section 235, and was eligible to seek parole, but had not yet done so."

Citing Ventura And Terse BIA "Decision" 10th Circuit Remands
In Mickeviciute v. INS, No. 02-9516 (10th Cir. Apr. 28, 2003), the court remanded a case involving a diversity visa winner who sought a motion to reopen saying, "Had the Board of Immigration Appeals (BIA) given [] a reasoned explanation of its decision, we would have no need to remand."

US Gov't Wins Big In Demore v. Kim reports "The decision in Demore v. Kim, No. 01-1491...strengthens the government's hand in all deportation proceedings" said Paul Kamenar of the Washington Legal Foundation.

Teen Facing Removal Proceedings Resulting From Special Registration Is Spared
The New York Times reports "A Queens [NY] teenager facing deportation under new immigration laws has apparently been granted an exemption, a local congressman announced yesterday."

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Letters to the Editor

Dear Editor:
If ILW.COM's resources don't permit you to provide links to prior articles in a multi-part series, how about giving the dates on which the previous installments appeared when you publish a succeeding article? Then it would be easy to find the earlier ones by clicking on the "previous issues" link at the top of the page, a boon for busy lawyers and laypeople alike.

Jane A. Hanson, Attorney at Law
Sacramento, CA

Editor's Note: Your suggestion is a good one. However, we encourage our readers to familiarize themselves with our search engine. We plan to increase the content of Immigration Daily exponentially in the future, and only by understanding the search engine's capabilities, will you be able to fully access all the various types of immigration information that will become available to you on our site. We understand that our search engine has room for improvement and continue to welcome any comments our readers may have. ILW.COM is committed to devoting our resources to make the search feature easier to use and more intuitive.

Dear Editor:
I have read several announcements of the proposed e-filing procedures, but nowhere did it say how the fee is supposed to be paid. Does anyone know?


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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