The California Election And Immigration
The Only-in-California recall election will likely lead to several
immigration-related results, particularly for next year's national
election. Regardless of whether Mr. Davis keeps his job or loses it,
pro-immigration arguments will be strengthened, here's how. If Mr. Davis
keeps his job, Democrats will argue that his recent actions in support of
immigrants carried the day. Republicans in this scenario will argue that
had Mr. McClintock's anti-immigration rhetoric been absent on the GOP side,
that may very well turned the tide. If Mr. Davis loses his job, it is clear
that either Mr. Schwarzenegger or Mr. Bustamante will get elected Governor.
If, Mr. Bustamante wins, Democrats will argue that pro-immigrant candidates
can be vote winners, while Republicans will point to Mr. McClintock's
strident anti-immigration views as the cause of the election loss of the
Governorship of the country's largest State. If Mr. Schwarzenegger wins,
Democrats will be able to run their own immigrant candidates with less than
perfect immigration records in future elections, while Republicans will
feel free to ignore the small but vocal anti-immigration minority within
the GOP. To sum up, whatever might be the pros and cons of holding the
recall election, it appears that post-October 7th, we will likely see the
pro-immigration forces strengthened for the much larger battles coming up
in 2004. As an aside, regardless of which candidate wins, the victory is
likely to be a pyrrhic one - with the ocean of red ink flowing in
California's budget, it is a wonder that so many people seem to want the
thankless job of being California's governor in the next few years.
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The INA 212(d)(3) Nonimmigrant Waiver – Available To All?
Christina B. LaBrie, Esq. writes "For inadmissible individuals with no other way to return to the US, the 212(d)(3) waiver might provide a temporary solution to what can be a very difficult and lengthy time separated from family, friends or business matters."
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Immigration Law News
Final Rule Promulgated On Eligibility Of Non-citizens For Legal Aid
The Legal Services Corporation promulgated a final rule revising the appendix to its regulations on restrictions on legal assistance to aliens. This appendix sets forth a listing of documents upon which recipients may rely to verify the eligibility of non-US citizens' applicants for legal assistance from LSC-funded programs.
BALCA Says Statement Under Penalty Of Perjury Is Insufficient Documentation
In the Matter of Ramesh Izedian, No. 2002-INA-254 (BALCA, Aug. 20, 2003), the Board of Alien Labor Certification Appeals said that despite the Employer's statement under penalty of perjury that he needed a full-time Finish Carpenter, Employer did not provide any information to justify his need for a Finish Carpenter.
BALCA Consolidates 36 Applications From One Law Firm
In the Matters of Compression, Inc. et al., Nos. 2002-INA-102, 2002-INA-113, 2002-INA-132, 2002-INA-134, 2002-INA-
139, 2002-INA-146, 2002-INA-159, 2002-INA-160, 2002-INA-162, 2002-INA-163 thru 164, 2002-INA-166, 2002-INA-203 thru 213, 2002-INA-231 thru 232, 2002-INA-235, 2002-INA-243, 2002-INA-270, 2002-INA-272, 2002-INA-287, 2002-INA-288, 2002-INA-300, 2002-INA-
304, 2003-INA-47, 2003-INA-113, 2003-INA-115 (BALCA, Aug. 27, 2003), the Board of Alien Labor Certification Appeals consolidated 36 separate applications all from the same law firm and said that the undelivered certified letters simply put the Employers on notice that the US applicants had not received the letters and that in order to make a reasonable recruitment effort, Employers were obligated to attempt to contact the US applicants at the telephone numbers found on their resumes.
President Bush Says Visa Policy Requires Some Work
During a joint press briefing with Russian President Putin, President Bush responded to concerns of Russian President Putin regarding visa delays.
Failure To Receive Discretionary Adjustment Of Status Relief Does Not Constitute Deprivation Of Constitutionally Protected Liberty Interest
In Nativi-Gomez v. Ashcroft, No. 02-3356 (8th Cir. Sep. 26, 2003), the court said that the failure to receive discretionary adjustment-of-status relief did not constitute the deprivation of a constitutionally-protected liberty interest.
US Plans To Raise Immigration Fees
The Charleston Gazette of West Virginia reports "Immigration officials are planning to raise fees for citizenship applications and other services, hoping to offset the costs of increased security checks."
H-1B Visa Cap To Be Reviewed
The Portland Business Journal of Oregon reports "...But raising the cap will be much more difficult politically than it was in 1998, when the high-tech labor shortage persuaded Congress to raise the H-1B cap to 115,000 a year, or in 2000, when Congress raised the cap again to 195,000."
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Immigration Law Books
The successful practice of immigration law depends on having immigration statutes and regulations readily available. Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books constitute an indispensable library of primary resource materials for any immigration practitioner. For more information or to purchase these books see here.
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Letters to the Editor
Hats off to you on your editorial efforts despite a picky-picky readership. Especially admirable is your limiting the length of letters, a monumental task when dealing with readers who seem to think a preponderance, nay, an avalanche of verbiage wins the day.
SJD in her letter of Sept. 23rd wrote of “the futility of arguing ad nauseum about the fairness of legalizing an illegal work force in this country”. I agree. The fact is that these unskilled workers, including some three million undocumented Mexicans alone, pose no unfairness to others awaiting legal migration. These others have no intention or desire, if ever admitted, of ever performing the jobs that only the unskilled from Mexico consent to do and are needed to do.
The problem is that the unskilled have absolutely no legal way of crossing our border to fill these jobs. A case in point, too, is that we should not continue to ignore the millions of undocumented aliens that are at present living in the shadows in our country and are doing these jobs. Some have been here for up to twenty years or longer. There must be a solution but we lack politicians who are statesmen enough to do something about it.
No one wants an open border. We all want a controlled border where transients enter and leave in an orderly manner, with proper identification, and without having to endanger their lives to do so.
I agree with the President that if someone is working a job in this country to the satisfaction of his employer that he should be permitted to continue to do so in a legal status.
Richard E. Baer
My letter to the Editor as published last Friday said, "Also, just to be clear, visa overstays are not eligible for adjustment under 245(i). And, if they marry a US citizen, they could and still can adjust under 245(i). 245(i) generally covered (immigration lawyers, please correct me if I'm wrong) only those who entered illegally." The letter as I sent it said "they could and still can adjust under 245(a)", not 245(i) that your editing changed it to. As far as I am aware 245(a) is a separate section of the law which did not expire, and which does allow those who enter legally to adjust status if they marry a US citizen even if they overstay. Or am I in error?
Editor's Note: We apologize for the error. Your letter has been updated to reflect the correction.
Ali's letter seems to lump TPS and 245(i) in with general amnesty laws. But I wanted to clarify that TPS, Temporary Protected Status, is for people who are here in the US and are from a country that has been devastated by some event that is so extreme it would be inhumane to send them back at this time. Ali seems to think this is a bad thing. I have no idea why.
Some people seem to advocate respect for the law at all costs but perhaps since they are not immigration practitioners they are unaware that the law isn't a black & white as they seem to think. First, as SJD pointed out in her letter, 245 (i) is a law that is passed by Congress and needs to be respected as such, does it not? I wanted to give another example of an immigration law that should be respected. There is something called cancellation of removal. It basically says that if you are put into removal proceedings (deportation) and you have been here 10 years, and have immediate family here, that would be hurt by your deportation, the immigration judge has the discretion to let you stay. Who decides which section of immigration law has greater weight? What is more important, the initial immigration violation or what that individual has done since then? Cleary Congress has decided to allow that person, who has developed significant ties to the US, to stay here, regardless of the initial immigration violation. That law should be respected as well.
I think Immigration Daily readers would be interested in the recent decision by US District Ourt Judge Kenneth Schroeder, Jr. in US v. Benamar Benatta, 01-CR-247E (USDC/WDNY) Sept. 12, 2003. In his Report, Recommendation and Order, as reprinted in the NY Law Journal of Sept. 25 and available online at the Court's website at http://www.nywd.uscourts.gov/decision/20030912_01cr247_schroeder.pdf, Judge Schroeder found that the respondent's being held for removal proceedings was a subterfuge on the part of the government which denied respondent his rights under both the Sixth Amendment and the Speedy Trial Act, 18 USC §3161(c)(1). As a result of the government's actions, Judge Schroeder recommended that the respondent's motion to dismiss the criminal indictment obtained against him be granted ad that the indictment be dismissed with prejudice. The decision is worth reading for the detailed analysis of both the Government's actions and the applicable laws.
Eugene J. Glicksman, Glicksman & Cardoso
New York, New York
When I click on the article after a search, it flashes on and off the screen and I cannot read it because of this.
I did a search under "specialty occuaption" and chose the first article
that dealt with this by Lester. It flashes. What can I do?
Richard Breitman, Breitman Immigration Law Firm
Editor's Note: Once an article is selected, it takes time for the article to appear on your computer screen. The flashing that you may have experienced may be what your computer shows as it opens the article. On a slow or dial-up connection, documents may take long to load, resulting in "flashing". You may want to consider a faster Internet connection, recently prices for 128kb connections have fallen to less than $50/mo. If your connection speed is not the problem, the only suggestion that occurs to us is to reboot your computer. A simple reboot resolves many computer freezes and other glitches.
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