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Immigration Daily


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Immigration Daily January 8, 2004
Previous Issues
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Editor's Comments

President Bush's Immigration Reform Proposal

President Bush acknowledged today that immigration reform, long an elephant in the room, is necessary and that our current immigration system is broken. President Bush proposed a temporary guest worker program as a fix. While such a fix is necessary, it is not sufficient. The missing component in President Bush's plan is legalization. However, it is not the President who makes law, that responsibility lies solely with Congress. Given the current realities on Capitol Hill, it is unlikely that the President's plan can become legislation without bipartisan suppport. During the course of the give-and-take that characterizes our legislative process, we believe that a strong legalization component will be necessary to convert President Bush's immigration reform vision into law. We look forward to the President's steadfast support of his vision and a historic year for immigration.


A Who's Who Of Ports Of Entry

A galaxy of talent fills the speaker list for "By Air, Land And Sea - When The POE Becomes A Brick Wall". The distinguished speakers for this seminar series are Edward Litwin, Fausta Albi, Michael Berger, Greg Boos, Henry Chang, Peter Larrabee, Tien-Li Loke Walsh, Jeanne Malitz, Timothy Murphy, William Reich and Nancy Shivers. Dealing with the entry/inspection process is an unavoidable burden of immigration law practice today. The alphabet soup of security checks is now topped by the notion of immigration security concerns within US borders vide the Technology Alert List and the deemed export rule. Other problems in this area of immigration law practice include expanded use of expedited removal, the "unsuspended" Special Registration program and the ever-changing situation at the various border crossing points. All this and more will be part of an in-depth consideration of Ports of Entry issues in this seminar series. The seminar is offered by phone, so law offices around the country can participate. It is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the distinguished practitioners on the panel. The deadline to register for the January phone session is Monday, January 12th.[ corrected. Ed. 1/08/04 ] For more info, including detailed curriculum, speaker bios and registration information, see: (Fax version:

Featured Article

Forget It Jake.... It's The US Consulate In Ho Chi Minh City
Marc Ellis offers his practice pointer tips for dealing with the US Consulate General in Ho Chi Minh City, Vietnam.

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

President Bush Proposes New Temporary Worker Program (includes detailed background briefing and fact sheet)
President Bush announced his new temporary guest worker program. For President Bush's remarks, see here. For a detailed background briefing, see here. For the fact sheet, see here.

Secretary Ridge Says USVISIT Is Easy For Travelers, Hard For Terrorists
Secretary Ridge in lauding the USVISIT program said, "The system is easy for travelers to use, but hard for terrorists to avoid. US-VISIT will allow Customs and Border Protection officers to speed the entry for almost all travelers."

USCIS Announces Proposed CSS And LULAC Settlements
The US Citizenship and Immigration Services announced the proposed settlements in the CSS and LULAC legalization cases for which the notices had been announced earlier. [ corrected Ed. 1/08/04 ]

8th Circuit Affirms AWO Procedure
In Loulou v. Ashcroft, No. 02-3004 (8th Cir. Dec. 30, 2004), the court joined its sister circuits in concluding the streamlined review procedure did not violate an alien's due process rights.

OALJ Says INS Need Not Be Informed For Bona Fide Termination
In the Matter of Department of Labor, Administrator, Wage and Hour Division, v. I-Tech Innovations, Inc., No. 2003-LCA-29 (OALJ, Dec. 23, 2003), the Office of Administrative Law Judges said that a bona fide termination is made with good faith, honestly, openly, and sincerely and disagreed with the Administrator of the Wage and Hour Division who had argued that a bonafide termination of employment could only be made when the Employer notified the INS that the employment relationship was terminated.

President Bush Unveils Immigration Overhaul
The Washington Post reports "Calling for a major overhaul of a US immigration system that he said is "not working," President Bush today unveiled a new guest worker program designed to offer legal status to millions of illegal immigrants currently living in the US and to allow millions of others to work here temporarily."

Mexican President Fox Says President Bush's Immigration Plan Is Interesting
The Newsday of Long Island, New York reports "[Mexican] President Vicente Fox said President Bush had called to brief him Wednesday on his proposed immigration proposal. Fox indicated the plan was "very interesting" but said he had to wait to hear details before responding formally."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Experienced Paralegals
The Law Offices of Bernard P. Wolfsdorf seek to hire experienced paralegals for its South Bay, Southern CA office and New York, NY offices. Bachelor's degree required. Ideal candidates should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegals will manage caseloads with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to specific desired location: South Bay applicants: fax Michele Buchanan at 310-540-3147 or email to; New York applicants: fax Frieda Wong at 212-899-5041 or email to The Law Offices of Bernard P. Wolfsdorf is an equal opportunity employer.

Immigration Law Books
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 will keep you abreast of the status and standing of all immigration citations, cover the history and treatment of all reported administrative decisions under immigration and nationality law, and provide you with the latest immigration-related regulations of the DOL, DOS, and DOJ. Patel's 4-set library is an indispensable reference tool for any immigration practitioner. For more information or to purchase these books see here.

Help Wanted: Legal/Media Administrative Associate
ILW.COM has an immediate, New York City based, full-time opening for a Legal/Media Administrative Associate. We offer a unique opportunity to work in an exciting, energetic environment of a small law publishing company which operates one of the most important websites on immigration law in the world. You will learn the skills necessary to launch a paralegal, or media career, and we will provide the requisite web design, computer, and software training required to do the job. ILW.COM team-members enjoy an informal and friendly small-company environment with a casual dress code policy. Our office is close to all public transportation and is located in mid-town Manhattan. The job involves providing excellent professional customer service (by phone, email and mail) to our clients who are immigration attorneys, performing basic web design and internet communications (will train on both), and handling general office work. The working hours are from 9am to 6pm (includes 1 hour lunch). The right candidate must have the following: solid communication skills, both speaking and writing (fluency in English is required); basic internet and computer skills (MS Word and Internet Explorer); ability to work independently; ability to juggle multiple tasks and priorities. Experience is highly preferred but not absolutely necessary. Interested applicants should send a resume to

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
President Bush’s recent proposal to reform our immigration system can best be summed up by the quote from the Wizard of Oz: “pay no attention to the man behind the curtain”. But instead of the curtain hiding a feeble old man trying to make others believe he was the all-powerful Wizard of Oz, behind this curtain of policy reform is hiding none other than Karl Rove, President Bush’s chief political strategist. The fact that the chief architect for the creation of a new temporary worker program that was announced today in a White House press conference was Karl Rove, a political strategist, and not staff from the Department of Homeland Security or any other executive agency who would have more expertise on this matter underscores the President’s true reasons for today ’ s address- political expediency and not the expressed desire to “promote compassion” and “fix the broken system”. If President Bush is sincere about wanting to reform the immigration system then my colleagues and I from the American Immigration Lawyers Association (AILA) would be happy to assist the administration as we may have a bit more experience working with the immigration system than Mr. Rove. AILA has been working with policymakers in Washington to help draft legislation that would overhaul the system for allocating work visas and other legislation that would allow the children of undocumented workers the opportunity to continue their education after high school. We would be happy to share our resources with the Bush Administration and work with them to create legislation that would improve our immigration system so that it would enhance our homeland security, be flexible enough to allow for current as well as future economic needs, and provide a mechanism for family reunification and earned adjustment into lawful permanent residency status for those who help fuel America’s economic engine. However, despite the proposal’s many shortcomings and the questionable motives behind today’s announcement, we are grateful that President Bush is willing to discuss immigration reform again. Today’s address was the first time since 9-11-01 that President Bush has directly spoken about our need to reform our immigration system and we are grateful that this important issue is once again in the forefront where it should be. We only hope that with time and input from concerned individuals and organizations the Bush Administration will be return to their pre 9-11-01 stance on immigration reform when they were willing to do more to allow for earned adjustment into permanent residency for foreign workers and wanted to do more for immigration reform than bolster the President’s polling numbers with Latino voters.

Angela Ferguson
Austin and Ferguson LLC

Dear Editor:
If you are still publishing, please resume my subscription to Immigration Daily.

Mark Levey (AOL email address)

Editor's Note: We are very proud to note that since we began publishing on May 2, 2000, we have missed only one scheduled issue (we even published on 9/11). If you have not been receiving your copy of Immigration Daily recently, it is most likely due to an issue with your email service provider. This is particularly true for AOL subscribers. In their effort to minimize spam, ISPs' actions inadvertently interrupt delivery of email newsletters such as Immigration Daily. Please contact your email service provider and let them know that you are experiencing this problem.

Dear Editor:
I enjoy reading Immigration Daily's timely information that is of great utility to every subscriber.

Thomas Esparza, Jr.

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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