For the 90% of our readers who were not at the recently concluded AILA
conference in New Orleans, here are some of the highlights from the meet.
Many practitioners felt negative vibes from the senior governmental
representatives - the idea that immigration is mostly about security led to
a gloomy feeling among many attendees (perhaps the anti-immigrationists
will celebrate at this news). Reflecting the current state of finances (or
the lack thereof) at immigration law firms across the country, attendance
was reportedly down about 15%. On a positive note, however, the number of
exhibitors was up strongly to its highest ever, mostly due to the large
number of new software companies. The improved productivity and client
service made possible by the new generation of software in immigration law
portends a major change in business processes at law firms and may also
perhaps alter the competitive landscape for practitioners in the years to
come. We understand that the annual member's meeting was unusually spirited
with a large number of motions and issues debated. New Orleans was very hot
and humid, and a trip outside the Conference hotels was a sweaty
experience. However the location of the hotels was right in New Orleans's
historic French Quarter, so hopefully many of the attendees were able to
take in a pleasant cultural and tourist experience before heading home.
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for all our seminar series can now be ordered for $199 per series. These
seminars feature experts in the field such as Ron Klasko, Angelo Paparelli,
Joel Stewart, Bernard Wolfsdorf and many others. To read detailed
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Employment Options For Students, Part 3 of 4
Gregory Siskind offers a comprehensive look at employment options for students.
Staying Out Of Harm's Way: Immigration Pitfalls That Employment Lawyers And Their Clients Should Avoid: Part 1 of 3
Angelo A. Paparelli and John C. Valdez provide an overview of the immigration consequences of a variety of employment decisions.
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: http://www.ilw.com/seminars/
Immigration Law News
DHHS Seeks Grant Proposals
The Office of Refugee Resettlement (ORR) of the Department of Health and Human Services sought eligible entities to submit competitive grant applications for microenterprise development projects for refugees.
DOS Seeks Comments
The Office Of Visa Services of the Department of State sought comments on Form DSP-122, Supplemental Registration for the Diversity Immigrant Visa Program.
OMB Says BCIS E-filing Is Boost To Businesses
The Office of Management and Budget, Executive Office of the President in a notice said,
"The Bureau [BCIS] has instituted electronic filing of some applications and provides
application status on line. These improvements have been a boost to
many businesses, providing a speedy mechanism for filling critical
positions with foreign experts or semi-skilled workers with temporary
and permanent foreign workers."
BCIS "Adjudicate Orphan Status First" Pilot Program
A memorandum from the Acting Associate Director, Operations at the Bureau of Citizenship and Immigration Services to interim regional directors, services acting director, international affairs offers guidance on a new pilot program to determine a child's status as an orphan under the INA prior to a US citizen adopting or obtaining legal custody of a child for the following five countries: Haiti, Honduras, Philippines, Poland, and Sierra Leone. For the memorandum please see this link. For additional information on the Adjudicate Orphan Status First Pilot Program, please see this link.
White House Says Immigrants Make For A Richer, Stronger, Better Country
During a press briefing, White House Spokesman Fleischer in response to a question, said "The President wants to welcome immigrants legally to the US."
Alien Subject To Removal Due To Felony Committed Pre-IIRIRA But Convicted After IIRIRA Is Ineligible For 212(c) Discretionary Relief
In Hibbert v. Ashcroft, No. 02-2281 (2nd Cir. Jun. 20, 2003), the court said that an alien, subject to removal because of a felony committed prior to the effective dates of [AEDPA] and [IIRIRA] but convicted after those dates, was ineligible for discretionary relief pursuant to former section 212(c).
Rational Basis Exists For Denial Of 212(h) Waiver To LPRs
In Taniguichi v. Ashcroft, No. 00-16928, 00-71053 (9th Cir. Jun. 18, 2003), the court denied rehearing en banc (the dissent to this order said that 212(h) violates the bedrock concept of Equal Protection under the law) for its original opinion dated Aug. 23, 2002 and later amended Sep. 25, 2002 where it held that equitable tolling was not argued to the Board of Immigration Appeals (BIA), nor discussed by the BIA, nor argued to the court and that therefore that issue was not exhausted and was waived by failure to present it to the court; and that a rational basis exists for denying 212(h) waiver to aggravated felon Legal Permanent Residents but not other aliens; and that since Petitioner did not raise before the District Court an ineffective assistance of counsel argument on the grounds that her former attorney failed to file an administrative appeal, she waived the claim.
212(h) Trumps ICCPR
In Verissimo v. INS, No. 02-2151 (1st Cir. Jun. 26, 2003), the court said that the district court correctly determined that Petitioner failed to state a claim because an alien convicted of narcotics violation was ineligible for a waiver under INA 212(h). The court also said that the district court correctly determined that section 212(h) trumps the International Covenant of Civil and Political Rights (ICCPR) because the statute was subsequent in time to the treaty.
Opinion On Bribery During Course Of Arrest Of Alien
In US v. Synowiec, No. 03-1169, 03-1235 (7th Cir. Jun. 24, 2003), the court said it rendered a decision regarding when Defendant had bribed an immigration agent. The bribery arose in the course of an arrest of an undocumented alien.
Post 9/11 Detentions And Immigration Enforcement Ineffective
The San Francisco Chronicle reports that "Doris Meissner, who was commissioner of the INS in the Clinton administration and is now a senior fellow with the Migration Policy Institute said, "We support effective immigration enforcement, but . . . this kind of enforcement is not effective."
Sen. Lieberman Calls US Border Policy Immoral And Unacceptable
The San Jose Mercury News reports "Two rivals for the Democratic presidential nomination bitterly complained Friday that the Bush administration is using the Sept. 11 terrorist attacks as a pretext for sharply curtailing immigration."
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For information on advertising in the classifieds please click here
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Letters to the Editor
Let me remind Mr. Ranger that menial jobs do exist in this country and someone has to do them. It is predicted that by the year 2010 that they will constitute 43% of all job openings, i.e. of jobs that require only a minimal education. Who will fill these jobs? Not our American compatriots. They would rather go on welfare than do that kind of work.
Americans are obtaining college degrees in record numbers and are unlikely to accept, at any wage, positions requiring only minimal educations.
The Mexican immigrants want to fill these jobs and they do it well. Let's find a legal way in which they can come into this country, properly identified, to do this work and let's protect their rights and pay them a compensatory wage for it.
The vast majority of Mexican immigrants will return to their homeland after a few years' work; and the few that want to obtain citizenship should be welcomed as were our own ancestors.
In the meantime, the 3/10 year ban law should be abolished so that the millions now here that want to return home can; and, hopefully, if they should want to return again, can do so and this time can do it legally.
Richard E. Baer
I'm glad to see my remarks on the H-1B issue sparked a good debate, but
I must say I am surprised to see the, forgive me, disingenuous nature of
many of the comments made.
A common theme among those who responded was an objection to my
mentioning that the H-1Bs are de facto indentured servants. The
indignant respondents implied that this was something I conjured up
myself, ignoring my statement that even the highly pro-industry National
Research Council report, commissioned by Congress, had made the same
The H-1Bs themselves have made the point as well. As many of you know,
they formed an organization, the Immigrants Support Network, to lobby
Congress to alleviate precisely this problem. ISN Board Member Murali
Devarakonda has put it this way: "This is legal human rights violation
in America...You [as an H-1B] are an indentured servant, a modern-day
slave, because...you must leave the country...You can't be promoted.
You are legally prohibited from competing and going up...We cannot
compete legally." Whether one likes the specific term "slave," as
insulting to Justin's ancestors indicated in his letter to the Editor(and Mr. Siskind's and mine, I might
point out to Justin), the fact is that what Mr. Devarakonda said was
true, and of course totally contrary to what Mr. Siskind claimed in his
All immigration attorneys are well aware of
this, so there is no need to "protest too much" in this forum of
Immigration Daily. If an H-1B is being sponsored for a green card,
he/she is basically immobile until the very last stage of the green card
process, i.e. immobile for several years. Employers, immigration
attorneys, HR executives etc. have admitted that this immobility
(euphemistically referred to as "employer loyalty") is highly attractive
If Mr. Siskind's letter is sincere in its claim that H-1Bs should have full
mobility, including during the entire time their green card is pending,
from Day One, then he should endorse one of the various "instant green
card" proposals which I and others have made. My proposal, outlined in
the Web document I cited last time, would allow an H-1B to change jobs
as often as he/she wishes, starting right away, yet still get a green
card. There is just one problem: My proposal would
eliminate the immigration lawyer from the equation.
Mr. Siskind's letter to the Editor then brings up the dreaded "P word" - protectionism. How can you accuse "J," the Chinese-American engineer I mentioned who was basically laid off and replaced by H-1Bs, as being
"afraid of competition"? He had done a scintillating job for his
employer, having been awarded US patents (one of which got a mention
in the Wall Street Journal) and formal honors from the employer. But
the employer (a household name which I won't mention here) was on a
cost-cutting binge, so "J" was tossed out.
Those of you who naively think that the best always survive might
consider the following rather low-tech example: Circuit City recently
announced that it was laying off its top salespeople, and replacing them
with entry-level people. The firm hated to do this, but again, the
short-term lure of cost-cutting is what took priority.
Personally, I'm really big on quality. I've driven only Japanese cars
for years, because I think they're made better than the American ones.
Similarly, I have very actively supported bringing in "the Best and the
Brightest" engineers into this country. I've helped top foreign
students get jobs and green cards in the industry, and have persuaded my
department colleagues to hire brilliant foreign nationals for our
faculty. People of "J"'s talents, whether native or foreign-born, are
rare in this industry, so we should grab top people when we have the
chance, again regardless of where they were born. But the vast majority
of high-tech H-1Bs are ordinary people doing ordinary work. They are
the cheapest, not the best and the brightest, as numerous studies have
shown, and as those of us who work in the trenches have repeatedly
Objecting to the importation of cheap labor is not protectionism, it's
I would like to make a comment regarding the use of Netscape Browser on
As a matter of choice, I am using an "ancient" (your word) version of
Netscape 4.7 because
I have downloaded 6.0 and then 7.0 (more recently and am sending this
email with 7.0) but
have had problems / bugs with both of these versions and so, have
returned to 4.7 which
works just fine. I also have Explorer (which I do not prefer to use). As far as upgrading
and entering the
"21st century," I will certainly do so when Netscape and other software
can get their acts together and produce a product that their users can
access the first
time without problems. Until then, I obviously, will use the program
that I am
comfortable with and which, at the very least, works.
I understand your site's need to upgrade, however, you must realize that
will be a number of your subscribers who will find accessing your site with
older versions impossible, and thus, will go elsewhere for their
Editor's Note: While we are not experts on Netscape issues, we do believe that Netscape 7.02 (not Netscape 7.0) is robust and unlike Netscape 6.0 which we understand had many bugs. Netscape 4.7 is undoubtedly a robust browser; however, it lacks many features and improvements that this category of software has seen over the past several years. We also understand that Netscape 7.02 may be the last version of Netscape. According to our statistics, even prior to our website redesign in late 2002, Netscape users (all versions) were in the low single digit percentages of our website visitors. We believe that this number is in line with the experience of many other websites. We once again urge those of our readers using older versions of Netscape to consider upgrading to Netscape 7.02 or Internet Explorer 5.0 and above.
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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 email@example.com. 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.