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Immigration Daily January 12, 2004
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Editor's Comments

Accolades For President Bush

Reaction to President Bush's immigration reform proposal has been plentiful. Most of the commentary has been critical from both pro-immigrationists and anti-immigrationists alike. One of the few accolades for President Bush's immigration reform vision is a Wall Street Journal op-ed which applauds him for his recognition of the world as it exists. President Bush emphasized this point in his remarks before women small business owners today. For both items, see below.


ILW.COM Focus

A Who's Who Of Ports Of Entry - Deadline Is Monday, January 12th

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. For more info, including detailed curriculum, speaker bios and registration information, see: http://www.ilw.com/seminars/december2003.shtm. (Fax version: http://www.ilw.com/seminars/december2003.pdf.)


Featured Article

Presidential Papers Historical Series: Veto Of Bill For Relief Of Kurt Glaser
President Eisenhower sent this message to Congress on June 3, 1955.


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

President Bush Says His Immigration Reform Proposal Recognizes Realities Of Workplace
During a conversation with female business owners on hiring, President Bush said, "So this is a common-sense plan ... It recognizes the reality of today's workplace ... And we've got to recognize, in this society, there are just simply some jobs that are not being filled by American citizens."

No Hearing Available Without ESA/WHD Administrator's Investigation
In Matter of Mark Watson v. Electronic Data System, No. 2004-LCA-9 (OALJ, Dec. 29, 2003), the Office of Administrative Law Judges in denying Employee's request for a hearing said that no hearing was available where the Administrator determined that an investigation of a LCA complaint was not warranted.

Court Observes IJ's Insensitivity To Cultural And Educational Background Of Asylum Claimant
In Arulampalam v. Ashcroft, No. 02-71267 (9th Cir. Dec. 19, 2003), the court in granting the petition for review in a Sri Lankan asylum matter observed that the IJ was insensitive to the Petitioner's cultural and educational background.

Witness's Testimony About Specific Events Cannot Contradicted By Generalized Country Report
In Bace v. Ashcroft, No. 02-3909 (7th Cir. Dec. 18, 2003), the court in granting a petition for review on an Albanian asylum claim said that "it would be improper to find that a witness's testimony about specific events could be "contradicted" by a generalized State Department report broadly discussing conditions in the applicant's country of origin."

Wall Street Journal Applaud's President Bush's Immigration Proposal
A Wall Street Journal op-ed says "...that's all the more reason to applaud the President for returning to the generous pro-immigrant tone of his 2000 campaign and taking this on even after 9/11."

Congress Is Unlikely To Approve President Bush's Immigration Plan
The Tucson Citizen of Arizona reports "Congress appears unlikely to approve President Bush's ambitious program to open US jobs to foreign workers anytime soon because of objections from both Democrats and Republicans in the GOP-controlled House of Representatives."


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Classifieds

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 MBuchanan@wolfsdorf.com; New York applicants: fax Frieda Wong at 212-899-5041 or email to FWong@wolfsdorf.com. The Law Offices of Bernard P. Wolfsdorf is an equal opportunity employer.

Case Management Technology
ImmigrationWorks is the solution to all your immigration case management problems. ImmigrationWorks is an integrated solution that includes all immigration forms and case management features and allows your immigration firm to automate the entire documentation process. Available in either Internet version (ASP Model) or Intranet (in-house) version, ImmigrationWorks provides a secure environment and the ability to network multiple offices remotely. ImmigrationWorks is a web-based immigration case management solution providing 24/7 secure direct access to cases anywhere with an internet connection. Our solution can be used for all your clients, regardless of whether your case volume is large or small. Best of all, our easy to use, intuitive interface requires minimum training. For more information, contact us at: 1-800-350-4727, Sales@ImmigrationWorks.com, or visit our website at http://www.immigrationworks.com.

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:
In response to Matt Berdahl's question, here's the relevant citation: INA Sec. 301 Nationals and Citizens of the US at birth which states "The following shall be nationals and citizens of the US at birth: (f) a person of unknown parentage found in the US while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the US;" Whether such a person would qualify as a "natural born citizen" is an open question, but I would think the answer would be yes, such a person would be considered a natural born citizen.

Eugene J. Flynn

Dear Editor:
In answer to Matt Berdahl's question, under the law (8 USC 1401(f)): "Sec. 1401 - Nationals and citizens of US at birth. The following shall be nationals and citizens of the US at birth: f) a person of unknown parentage found in the US while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the US." It appears to me that a baby, found in US waters (a harbor) with no evidence of parentage, is a citizen at birth. I believe that this fits the requirement that a US President be a "Natural Born Citizen", using interpretations for those born overseas to US citizens (John McCain more recently and Romney in the 1968 election). However, if more information were discovered before the baby's 21st birthday, that right (and probably citizenship) would be revoked.

Mark Smith

Dear Editor:
This is in response from the letter from the Moorhead Senior High School student that was published in the January 9, 2004 edition of the Immigration Daily. Initially, I was struck by how much the question that was posed sounded like any number of questions I heard in class during my first year of law school (e.g. "What if the boat was crossing the International Date Line when the statute of limitations was expiring .... "). In any event, I believe that Sec. 301(f) of the INA (8 U.S.C. Sec. 1401(f)) provides the answer: (f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States; is a citizen of the US at birth. I hope this helps the student, and I hope that the person who raised this issue considers a career in law.

Paul N. Gilbert, Esq.
Parsippany, NJ

Dear Editor:
My congratulations to the teacher and the students. In response to Mr. Berdahl's letter, the law of citizenship and nationality is complicated. The situation of a young child in a rowboat is not as outlandish as it first seems, for many times children have been found abandoned at or near our borders, with no way to know for sure where the child was born. There are two approaches to acquiring citizenship at birth, "jus solis" or "law of the soil" and "jus sanguinis" or "law of the blood," meaning according to the nationality of the parents. Citizenship and nationality is determined legally by the law of each country. This means that US law determines whether a person is a citizen of the US, and Mexican law determines whether a person is a citizen of Mexico. Many countries recognize only jus sanguinis (Germany, I believe, is such a country). The US bases citizenship at birth primarily, but not entirely, on jus solis. But in certain circumstances, US law provides for the child of a US citizen born abroad to acquire citizenship at birth. This affects many people, children of diplomats and military personnel or business people assigned abroad, for example. It is also true that not all persons born in the US are US citizens. Children, born in the US, of foreign high-ranking diplomats in the US who have diplomatic immunity from the law of the US are not US citizens. US law regarding citizenship of those born abroad has changed many times, so a particular person's situation depends on the date of birth. Also, certain treaties may affect the citizenship of those born in the territories the US acquired from Mexico, and their descendants. I believe the requirement for eligibility to be president of the US is to be a citizen by birth. Returning to the situation of the child in the rowboat, there is no easy answer. As a practical matter, I think the authorities, if they took the time to act carefully, would try to make a decision regarding nationality, and that would depend on the details of the situation, such as exactly how the child was found, how old he or she is, so that there might be some idea as to what happened. But quite possibly, the US state authorities would be more worried about the immediate need to arrange for the care of the child, and so might not see the need or take the time to try to do this. Indeed I'm sure there are people who have grown up in the US who cannot prove where they were born. This does not affect presidential candidates too often, but it frequently comes up in other situations, such as the requirement to show that one is entitled to work in the US whenever one gets a job or in applying for a Social Security number.

Carolyn Killea


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 editor@ilw.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.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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