Mr. Bush Is From Texas
There has been considerable comment and speculation from many in the
immigration community - both liberal and conservative - that President
Bush's guest worker proposal is a cynical election-year ploy, designed to
attract the Hispanic vote in November. The President and his staff,
however, keep insisting with a straight face that Mr. Bush is in earnest
about his immigration proposal, which neither the left nor the right likes
too much, albeit for opposite reasons. So, what's the bottom line on this
issue - is this a public relations gimmick, or is this for real? Insight on this point can be gleaned from comments
leaked recently from strategy meetings of Republican
legislators with the President and his senior advisors. Mr. Bush has taken considerable heat recently from conservatives
in his party over several developments which his right-wing base is not
happy about. Criticism from conservative legislators has centered on three
principal issues - the Budget Deficit, Medicare reform and the President's
immigration proposal. During his meetings with the Hill GOPers, Mr. Bush
took the criticism on board and has subtly altered his strategy. In
substance the President has agreed to work with his critics on the Budget
Deficit on his FY 2005 budget request. On Medicare reform, the President
has apparently argued that he needs to stick with reforms recently enacted
to keep this subject from the Democrats before the November election. On
immigration, however, the President has apparently dug in his heels against
his GOP critics, and has been quoted as saying to them "I am from Texas,
and I know immigration". It thus appears that the President is in earnest
about his immigration reform proposal, and that he will expend political
capital this year on this matter on Capitol Hill. It should be borne in
mind that the President and many conservative Republicans are in agreement
about many other issues of political significance in 2004 - abortion,
same-sex marriages, national security, tax cuts, federal judicial
appointees, etc. So, it is entirely possible that the President may get his
way with his fellow Republicans on Capitol Hill on the immigration front.
Press reports on the internecine squabbles in the GOP over immigration may
be making a mountain out of a molehill. We would not rule out surprises on
the immigration front in 2004. So, stay tuned, Immigration Daily will keep
you on top of happenings in immigration.
Curriculum For "Are We All Certifiable?" -- An Insider's Tour Through The Maddening World Of Labor Certification
The loopy challenges of modern-day labor-certification practice have caused
U.S. employers and their immigration attorneys to identify with Randle
Patrick McMurphy, the all-too-sane character portrayed by Jack Nicholson in
the 1975 classic film One Flew Over The Cuckoo's Nest. In today's deranged
world of alien labor certifications, rules are announced, then rules are
reversed, procedures are proclaimed, and then they morph into alternate
incarnations. The inmates in this virtual asylum are chanting in a frenzy,
"PERM is coming, PERM is coming"; "Backlog Reduction, Backlog Reduction",
but PERM never seems to arrive, and backlogs grow ever larger.
Despite the seeming insanity of the real world practice of
labor-certification, foreign workers still clamor for certified ETA-750s,
and legal strictures must in all events be honored. Rather than joining
the lunatic fringe, shake off your anomie and sign up with ILW.com for a
cutting-edge teleconference series exploring best-practices and
tried-and-true labor certification solutions.
FIRST Phone Session on February 25:
- The "Dead-Case Cull" and other Tales from the SWA Backlog.
- Escaping the Straightjacket of Inflexible Recruiting.
- Grappling with Ever-Higher Wages in the New OES Prevailing Wage
- Order out of Chaos: Preparing a SWA-Friendly Application.
- Quo Vadis, the SWAs: Is There Life after PERM?
SECOND Phone Session on March 18:
- Standard vs. RIR processing vs. Holding One's Breath for PERM
- Recruiting and Filing Today While Preserving Options for PERM
- Fear-Factor: Managing Employer and Alien Expectations
- Re-Arranging Deck Chairs on the Titanic?: Regional Processing and
- The Carlson What-If Scenarios: Re-Advertising with Newly Stated,
THIRD Phone Session on April 8:
The deadline to register is
February 23rd. For more info, including detailed curriculum, speaker bios,
and registration information, see: http://www.ilw.com/seminars/february2004.shtm. (Fax version:
- BALCA Balking - a Full Contact Sport.
- We Gotta Get Out of This Place: Labor Certification and Portability
- Will Justice Prevail?: Advanced Prevailing Wages Issues - Pre- and
- Safely Saying Goodbye: Lawful Grounds for Rejection of U.S.
- Staying Out of Club Fed: Liberty-Preserving Strategies in This Era of
Staying Close To Home: Offshoring, Immigration And A High-Tech H Visa
Gary Endelman writes "So what does any or all of this have to do with immigration? Is there a link with offshoring? "
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
USCIS Employer Bulletin Information On I-9s (Part 2)
The Office of Business Liaison of the USCIS released an employer information bulletin on the I-9 process in a nutshell.
10th Circuit Joins Sister Circuits In Finding AWO Proper
In Yuk v. Ashcroft, No. 02-9546 (10th Cir. Jan. 20, 2004), the court said that it would not assume, without any evidence, that BIA members did not follow the regulations or did not perform their jobs properly and found the BIA's affirmance without opinion regulation lawful.
Voluntary Departure Under Threat Of Deportation Interrupts Continuous Physical Presence
In Palomino v. Ashcroft, No. 02-3961 (8th Cir. Jan. 15, 2004), the court said that it agreed with the Fifth and Ninth Circuits that the 1996 IIRIRA amendments gave the Attorney General substantial discretion in granting
cancellation of removal and that his reasonable conclusion that voluntary departure whether at the conclusion of deportation proceedings or at the border interrupted the alien's continuous physical presence in this country was within his discretion.
Portland Residents Decry ICE Enforcement Efforts In Area
The Portland Press Herald reports "[DHS] Secretary Tom Ridge said Monday he will investigate a January immigration sweep in Portland that sparked significant local criticism because armed agents targeted [a homeless shelter] and minority-owned businesses."
Immigration Issue Animates GOP Race
The Los Angeles Times reports "A controversial guest-worker plan proposed by President Bush has driven the biggest wedge yet into the united front offered on most issues by the major Republican candidates [in California] for the U.S. Senate."
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Help Wanted: Executive Director
The National Immigration Law Center (NILC) seeks a dynamic leader with a bias for action to lead a brilliant staff of 23 individuals through a challenging and exciting time. NILC has offices in Los Angeles (headquarters), Oakland, and Washington, D.C. Founded in 1979, NILC is a national support center whose mission is to protect and promote the rights and opportunities of low-income immigrants and their family members. NILC staff members specialize in immigration law, and the employment and public benefits rights of immigrants.
Summary of position responsibilities: Leadership in supervising staff, work with the board and staff to develop organizational policies and programs, develop and articulate organizational vision; Act as NILC spokesperson; oversee financial management of NILC, including funding; monitor the implementation of a 3 year strategic plan.
Qualifications include experience with the following: managing a multi-office organization, preferably a nonprofit; leading a diverse staff and working with boards of directors; immigrant rights field or other social justice effort; excellent communication skills; fundraising experience with institutions and individuals; law degree and experience practicing law preferred.
Competitive salary and benefits offered. Start date is June 1, 2004 or ASAP. Send cover letter with salary history, resume and writing samples to Mim Carlson, Search Consultant at email@example.com or 9 Highgate Court, Kensington CA 94707. No phone calls please. Application deadline: March 5, 2004.
Immigration Law Books
Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act – INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations – 8 CFR – and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies see here.
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Letters to the Editor
Please read Macias-Ramos, then consider writing a letter to the Clerk of the Ninth Circuit (cc to counsel for the parties) asking that it be published. I am doing so today. I think this case is a major due process victory; publication could help many. No doubt the government will oppose publication; all the more reason to fight the power. I have confirmed with the court that non-parties may also write letters under the rules. For the pertinent Circuit rules, 36-2 and 36-4, see here. For the mailing address(s), see here.
Editor-in-Chief, Bender's Immigration Bulletin
How is the DOJ and DHS enforcing the Foreign Support Act? It is my understanding that people from other countries are coming to America to escape their child support, court ordered obligations to their children left behind in their homeland. What is happening to those people that gain residency here in America to avoid their child support obligations? Why is it that the Naturalization Application Form N-400 specifically asks the question "have you ever failed to support your dependents or pay alimony? This is a specific question asked of someone that is applying for US citizenship. It's used to determine if this person applying for US citizenship has "Good Moral Character", as outlined in the General Naturalization Requirements which states "A person also cannot be found to be a person of good moral character if during the last five years (of applying for citizenship), he or she has willfully failed or refused to support dependents, has given false testimony, under oath, in order to receive a benefit under the INA.
Laura A. Wright
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