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Immigration Daily August 20, 2004
Previous Issues
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Editor's Comments

Melting ICE

Why is ICE, the enforcement arm of the DHS, subject to greater criticism than other federal agencies merely for trying to do its job? Delegated with the responsibility of tracking down an estimated 10 million undocumented with a tiny staff, ICE has adopted a targeted enforcement approach concentrating on finding the 80,000 criminal aliens and the 320,000 aliens who fled after being ordered deported. This leaves the remaining 95% of the undocumented population against whom ICE acts only occasionally such as in the Wal-Mart case. The issue of interior enforcement and undocumented immigration is an emotionally charged issue for people on both sides of the immigration debate. ICE's uncomfortable situation is due in part also because of Congress's mixed messages. On the one hand, Congress realizes that the undocumented problem is one Congress created and until its corrects its mistake through a massive legalization program, it is Congress's policy to deliberately permit the undocumented to stay through informal pressure on ICE whenever ICE strays from the targeted enforcement approach. This explains the low morale of ICE employees who feel that they are being asked to deport people today who Congress will grant green cards to tomorrow. Such is the price our nation pays for an immigration law which does not recognize the reality of globalization, large-scale cross-border movement, and the immense economic benefit accruing to the US as a result of immigration.


ILW.COM Focus

Sanctuary! Strategems To Winning In Asylum Practice

The curriculum for our new seminar series "Sanctuary! Strategems To Winning In Asylum Practice" is as follows:

FIRST Phone Session on August 31st: Planning The Case

  • Persecution And Well-Founded Fear Issues
    • Persecution Defined
    • Non-Physical Harm (threats, economic harm, discrimination, etc.)
    • Gender-Based Harm
    • Harm Not Considered to be Persecution (prosecution, civil strife, etc.)
    • Harm to Juveniles
    • Countrywide Persecution (non-governmental persecutors)
    • Changed Conditions
  • Causation and Nexus, the "on account of" issue
    • Proving "Circumstantial" Evidence of Causation
    • Proving Motivation of the Persecutor
    • Mixed Motive Cases
    • Issues Related to Non-Governmental Persecutors
    • Political Opinion (What is it?; "Imputed" Political Opinion)
    • Particular Social Groups (What is a Social Group; "Immutable" Characteristics"; Gender Based Claims; Juvenile Cases)
    • Claims Based on Race, Religion, Nationality
  • Withholding of Removal - Torture Convention

SECOND Phone Session on September 23rd: Bars to Relief and Preparation of Application

  • Bars To Relief
    • One Year Bar - Filing Deadline (Changed Circumstances; Extraordinary Circumstances)
    • Reinstatement of Removal Orders
    • Resettlement
    • Criminal Bars
    • Persecutors
    • Discretionary Denials
  • Preparing the Application and Documentation
    • Statement - How Detailed Should it be? (Contents; Language; Avoiding Credibility Problems)
    • Documentation - Individualized (medical records, evidence of political involvement, photos, Affidavits, arrest Records, new articles, etc.); Background Evidence - (sources, websites, types of evidence)
    • Witnesses - Personal (those with direct knowledge); Expert (medical, psychological, political, human rights, etc.)
  • Packaging and Filing the Claim
    • Preparing Documentation (highlighting, indexing, tabbing, paginating, etc.)
    • Local Court Rules
    • Court Filing Deadlines
    • Witness Lists

THIRD Phone Session on October 14th: Presentation In Court

  • Getting Your Documents Into the Record
    • Dealing with DHS attorney objections (Authentication; Hearsay - 3rd Party Written Statements; Timeliness; Other Objections - relevance, completeness, etc.)
    • Expert Statements (Where Expert not in Court for Cross-examination)
    • Objections to DHS Documents (I-213, Asylum Officer's Notes, Forensic Reports)
  • Presenting The Applicants Testimony in Court
    • Preparation of your client
    • Types of questions (simple, direct, non-leading)
    • Chronology
    • Dealing with DHS attorney objections
    • Dealing with Judge's interruptions (making your record)
    • Objections to DHS attorney cross-examination questions
    • Credibility issues
  • Expert Witnesses
    • When to use them
    • Where to find them
    • Proving expert qualifications
    • Focusing the expert
    • Motions for telephonic testimony
  • Cross Examination of DHS Witnesses
    • Asylum Officers
    • DHS Inspectors/Investigators
  • Other Issues
    • Closing Arguments
    • BIA Appeal
    • Circuit Court Review
  • Filing with the Asylum Office
    • Limitations on Role of Attorney
    • Differences with Court Presentations
The deadline to register is Friday, August 27th. For more info, detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/august2004.shtm. (Fax version: http://www.ilw.com/seminars/august2004.pdf.)


Featured Article

The US Tax Obligations Of Foreign-Born Persons: Debunking The Myths
Paula N. Singer, Esq. discusses 16 myths that routinely circulate among employers, payers, and taxpayers about the US tax obligations of foreign-born persons.


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 Reaffirms Support For Temporary Worker Program
During remarks in Wisconsin, President Bush said, "And so, therefore, in order to ... better enforce our borders, which we must do, we need a temporary worker program that says to people ... if you can't find a worker, let's have it legal so you can find somebody to do the job."

Employer Cannot Pursue Collection For Unlawfully Withheld Wages
In the Matter of Administrator, Wage and Hour Division, USDOL, v. Novinvest, LLC, No. 2002-LCA-24 (ARB Jul. 30, 2004), the Administrative Review Board (ARB) said that the employer was required to refund to employees back wages withheld in violation of 8 USC 1182(n)(2)(C)(vi)(I) and that any fees or costs associated with collection against the employees must also be refunded. The ARB further said that Employer may be subject to additional action by the Secretary if it engaged in further efforts to obtain penalty provision funds from the employees.

USCIS To Terminate Fingerprint Contract with Designated Law Enforcement
The USCIS announced that on October 1, 2004, USCIS will terminate its contract with Designated Law Enforcement Agencies where some immigrants in rural locations have gone for fingerprint services.

Judge Vacates Bad Legal Immigration Advice
The New York Lawyer reports "Finding that a criminal defense lawyer gave bad advice when he told his client that he would not face any immigration consequences as a result of pleading guilty to participating in a car theft ring, a federal judge has vacated the man's 18-month sentence and said he will impose a new sentence that does not trigger automatic deportation."


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: http://www.ilw.com/membership/

Classifieds

Help Wanted - Immigration Attorney
The Law Offices of Jessica Dominguez, a rapidly expanding immigration law firm based in San Fernando Valley, CA seeks an immigration attorney to work on a wide range of cases (employment-based immigrant and nonimmigrant visa petitions, deportation, family-based immigration, and naturalization) in a diverse, full-service immigration law practice. Ideal candidate has minimum 2 years experience - exceptional, motivated candidates with less experience are also encouraged to apply. Responsiblities include: representing aliens before immigration officers and in immigration courts. Excellent legal research/writing and outstanding communication skills required. The right candidate possesses initiative and the ability to work independently. Spanish language a plus. We have a great office environment and wonderful clients. E-mail cover letter, resume, + salary requirements in confidence to Jessica Dominguez at: lawofficesofjd@aol.com.

Immigration Law Conferences
DHS has issued new Section 343 rules requiring foreign health care workers who are seeking temporary or permanent occupational visas or Trade NAFTA status to obtain a special visa certification in order to provide health care services in this country. The Commission on Graduates of Foreign Nursing Schools (CGFNS)/International Commission on Healthcare Professions (ICHP) are sponsoring a special educational program in your community about the new DHS rules. The new federal DHS rules apply to: Registered nurses and licensed practical (vocational) nurses, Audiologists, Physical Therapists, Medical Technicians, Occupational Therapists, Medical Laboratory Technologists, Speech-Language Pathologists, Physician Assistants. Upcoming session locations include: Miami, FL - Monday, Aug. 23, Philadelphia, PA- Monday, Aug.16, Seattle, WA - Monday, Sept. 27, New York, NY - Monday, Oct. 4, San Francisco, CA - Monday, Oct. 18th, Atlanta, GA - Monday, Nov. 1st. To register, contact Marla Downing at: mdowning@cgfns.org, (ph) 215-222-8454, x.242, or visit http://www.cgfns.org/cgfns/newsandevents/specialevents.html

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Readers are welcome to share their comments, email: editor@ilw.com.

Dear Editor:
I agree with David Murray's letter that we shouldn't consider further amnesty for illegal aliens under present conditions. If we ever gained control over the borders, then we could decide who stays and who must leave. No, employer sanctions hasn't worked. However, the problem was that politics over-rode the law when employer sanctions started to be effective. Particularly in the Central Region of the former INS, the law was being enforced. That caused well-connected employers to complain to the politicians, and the word came down the "food chain" to back off. The failure of employer sanctions is a result of politics, not that the law isn't enforceable.

John H. Frecker
Baileyville, ME


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

© Copyright 1999-2004 American Immigration LLC, ILW.COM


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