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Immigration Daily October 9, 2003
Previous Issues
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Editor's Comments

BALCA On Level 1 Vs Level 2

BALCA has found itself embroiled in a consideration of the fantasy world of DOL Prevailing Wages, specifically on the infamous Level 1 vs. Level 2 issue. The language in the BALCA decision is worth quoting at length:

"To compare the salary of a church music director with that of orchestra conductors, entertainment industry music directors and composers borders on the ridiculous, especially in this case given that the relevant locality includes the Hollywood entertainment community. Undoubtedly some churches may have quite sophisticated requirements for music directors, but common sense suggests that the skills and knowledge required to teach music and song to church members (most of whom in Employer’s case would be children) cannot be compared to the skills and knowledge required in the sophisticated professions which the SOC-OES survey system has lumped together for wage survey purposes."
The cobbling together of occupations with the new SOC-OES system certainly makes it cost-efficient to produce wage surveys (since fewer occupations need be surveyed), but in so doing the wages thus produced will be too high for some of the occupations thus conjoined and too low for other occupations lumped together in an SOC-OES code. Efficient DOL's Prevailing Wage system may be, accurate it cannot be - for too wide a swath of occupations is artificially combined thereby. BALCA here was compelled to use common sense to arrive at the proper conclusion, attorneys may find themselves increasingly in need of BALCA's review in prevailing wage matters in the future. For the decision, Matter of True Love Presbyterian Church, No. 2003-INA-82 (BALCA, Sep. 3, 2003), please see below.


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Featured Article

New York Immigration Lawyer Wins Battle To Practice In Texas
Gregory Siskind writes "The Texas Bar's Unauthorized Practice of Law Committee has dropped a lawsuit that sought to prohibit New York-licensed immigration lawyer Dakshini Senanayake from practice in her new home of Houston."

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Immigration Law News

NYC Establishes Don't Ask, Don't Tell Policy On Immigration Status
New York City Mayor Bloomberg in signing into city law, Executive Order No. 41 said, "Not only does it strengthen and clarify Executive Order 34's "don't ask" policy for immigration status, it also adds a "don't tell" policy for a whole host of confidential information, including immigration status." For Mayor Bloomberg's remarks, see here.

Rep. Sensenbrenner Says Racial Profiling Has Dire Immigration Consequences
Rep. Sensenbrenner (R-WI) during a debate in Congress said, "The consequences of racial profiling for minority groups in the US, for Arab, Muslim, South Asian, and Sikh groups, and in the immigrations context are dire for individuals who are both innocent and guilty of criminal activity."

Immigrant Workers Freedom Ride
Both Rep. Sanchez (D-CA) and Rep. Filner (D-CA) voiced their support for the Immigrant Workers Freedom Ride with their statements before Congress.

DHHS Seeks Comments
The Administration for Children and Families of the Department of Health and Human Services sought comments on the Quarterly Performance Report (ORR-6).

BALCA Says Church Music Director Position Does Not Require Sophisticated Skills And Knowledge Of Hollywood Music Directors
In the Matter of True Love Presbyterian Church, No. 2003-INA-82 (BALCA, Sep. 3, 2003), the Board of Alien Labor Certification Appeals said that "...common sense suggests that the skills and knowledge required to teach music and song to church members (most of whom in Employer's case would be children) cannot be compared to the skills and knowledge required in the sophisticated professions which the SOC-OES survey system has lumped together for wage survey purposes.

SWA Visits Employer's Store To Ascertain Existence Of Job
In the Matters of City Blue Inc., No. 2002-INA-32 thru 36 (BALCA, Sep. 5, 2003), the Board of Alien Labor Certification Appeals considered a case where a "local representative", presumably for the SWA, conducted an on-site visit to the Employer's store to ascertain whether the Alteration Tailor job actually existed.

1st Circuit Says Curt Review Is Subject Of Debate
In Kiyaga v. Ashcroft, No. 03-1272 (1st Cir. Oct. 8, 2003), the court noted that "It is a subject of some debate whether we may review the BIA's decision to apply the streamlining regulation, itself." On the deciding issue in this case, the court said that "...Petitioner's [a Ugandan] inconsistent testimony regarding his participation in the killing of civilians was clearly relevant to an inquiry into the presence or absence of participation in persecution."

Mexico Asks For Advance Notice On Deported Alien Criminals
The Los Angeles Times reports "Frustrated that ex-convicts are appearing on their side of the border without warning, Mexican officials are demanding more notice when US authorities deport criminals after they are released from prison."

TJ Maxx Terminates 274 Undocumented Employees At Its Distribution Center In PA
The Observer-Reporter reports "Immigrants ineligible to work in the US comprised more than 50 percent of the work force at a T.J. Maxx distribution center in northeastern Pennsylvania, according to federal immigration agents, who ordered the company to terminate 274 employees."

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Associate Global Visa Coordinator, sought by Global Visa Solutions, a global immigration practice in Newport Beach, CA has an exciting, unique opportunity for the candidate with the following skills: ability to work independently in a fast-paced environment, detail-oriented, anticipates clients' needs & expectations, service-oriented, quick thinking, explain complex thoughts in a simple manner, manage a process & have personality. Our ideal candidate is open to learning new processes and is comfortable not knowing all the answers all the time. Fluency in additional languages is invaluable. We offer a collegial work environment, health benefits, 401k plan participation after 12 months, opportunity to interact daily with individuals from different countries & cultures and in-house training. Send resume + cover letter in confidence to

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Letters to the Editor

Dear Editor:
I also disagree with your 9/30 analysis of the CA recall election as also discussed on 10/7 by Michael D. If Davis had won, you would attribute that to his pro-immigration policies, yet you avoid the obvious in accepting that his loss represents a pro-restrictionist view. Your conclusion is reached only by separating the anti-Davis vote, when in reality, all of it represents a significant backlash against Davis and Bustamante policies of pandering to illegals, causing much of California's financial woes. Cruz received less than one third support of the voters which is a devastating rejection of the excessive immigration position. Even though the Governator may be more moderate on the issue than McClintock, all of their supporters rejected the pandering to illegals by Davis, et al. Justin Randolph's 10/7 wishful comment that, "Once again, mainstream America isn't using the ballot box to punish the political representatives who support immigration", has negated his "strongest evidence" rather promptly and dramatically. That the American public overwhelmingly supports immigration controls can be seen from a Roper ASW poll which this past spring found 85 percent in support of "requiring state and local government agencies, and law enforcement agencies, to apprehend and turn over to the INS illegal immigrants with whom they come in contact."  Sixty-two percent of respondents "strongly" agreed.  Eighty-three percent support "mandatory detention and forfeiture of property" for illegal aliens.  Seventy percent favor mandatory prison sentences, in addition to asset forfeiture and removal, for immigration law violations. A recent Arizona State University poll showed more than 70% support for the state initiative to limit voting and some benefits to citizens only. See: Nevada just announced a similar initiative. Polls show that CA's Prop. 187 would pass again today overwhelmingly. Mainstream Americans continue to speak out on the topic. Special interests and elected officials need to realize that mainstream Americans are serious about restrictionist immigration reform and controls as yesterday's election clearly revealed.

R. L. Ranger

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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