The Supreme Court, in an opinion written by Justice Scalia, extended Zadvydas' ruling to inadmissible aliens and said that 8 USC 1231(a)(6) authorized the detention of aliens only as long as "reasonably necessary" to effectuate their removal (Clark v. Martinez, No. 03-878 (Sup. Ct. Jan. 12, 2005)). In an unrelated immigration matter, the Supreme Court held that an alien may be removed to a country without the advance consent of that country's government (Jama v. ICE, No. 03-674 (Sup. Ct. Jan. 12, 2005)).
For both opinions, see below.
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PERM To-Do List
To prepare for PERM, we recommend the following:
The PERM World: A Temporary Answer To A Permanent Immigration Problem
David H. Nachman, Esq. provides an overview of the PERM Regulations with appropriate references to some of the critical issues that L/C applicants are likely to encounter when individuals initiate strategic planning with regard to using PERM.
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Supremes Say Zadvydas Holding Applies To Inadmissible Aliens As Well
In Clark v. Martinez, No. 03-878 (Sup. Ct. Jan. 12, 2005), the court, in a 7-2 decision, said that the Zadvydas holding, that under 8 USC 1231(a)(6), the DHS Secretary may detain admissible aliens but only for so long as was reasonably necessary to achieve removal, must apply to inadmissible aliens as well. The court said that even if the statutory purpose and constitutional concerns influencing the Zadvydas construction were not present for inadmissible aliens, that cannot justify giving the same statutory text a different meaning depending on the characteristics of the aliens involved. The court also said that the time reasonably necessary for removal for an inadmissible alien was the same 6-month presumptive detention period.
Supremes Say Country Acceptance Is Not Required For Removal Of Alien
In Jama v. ICE, No. 03-674 (Sup. Ct. Jan. 12, 2005), the court said that 8 USC 1231(b)(2)(e)(iv) permitted an alien to be removed to a country without the advance consent of that country's government.
Texas Workforce Commission Issues Instructions On Texas 45-Day Letters
The Texas Workforce Commission provided instructions on where to submit 45-day correction letters in light of the ending of the third party contract with Enterject in a letter addressed to Thomas Esparaza, Texas AILA Chapter Chair (courtesy of Thomas Esparaza).
Texas AG Wins Order Closing Fraudulent Notario
The Texas Attorney General issued a press release announcing the shut down of a Texas operation that scammed immigrants for unauthorized legal advice and representation in immigration matters. For the press release, see here. See here for the lawsuit and the summary judgment (courtesy of Paul Parsons).
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Help Wanted: Immigration Attorney
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Help Wanted: Immigration Attorney
The Law Offices of Rakesh Mehrotra based in Fairfax County, Virginia seeks an attorney interested in long term stable employment, with 2+ years experience in employment-based immigrant
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Help Wanted: Immigration Attorney
10+ person, fast-paced, leading business immigration law firm based in NYC seeks senior immigration attorney. Must have 7+ years
experience with full range of complex business immigration cases in NIV and IV matters as well as family-based & naturalization. Must have in-depth knowledge of laws & procedures, excellent writing, communication and organizational skills. Must be detail-oriented, able to manage a large, complex case load, work independently and supervise & train associates and
staff. Seeking a dedicated professional willing to make a commitment who can work well under the pressures of a busy immigration law firm. Partnership track potential for the right person. Competitive compensation package offered. Please submit cover letter, resume, university and law school transcripts and employment references to : globallaw2005,@yahoo.com. All resumes will kept confidential.
Help Wanted: Immigration Paralegal
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I would like to add to Guillermo Hernandez's comment (1/12/05 ID). In my opinion, not only is Mr. Hernandez correct in stating that the majority of illegal aliens currently do pay income taxes, thereby providing revenues to the Treasury: in my direct experience, they also pay into social security by providing the employer with fake Social Security Cards. If the deport-them-all mentality is upheld and fundamental immigration reform is not achieved, the US may find itself in a bit of a quandary: a shrinking working population with low demographic expansion rate will be forced to pay for ever increasing benefits for an increasing retired population as the boomers reach retirement age. So, it is not clear to me that shutting the borders and deporting all illegal aliens will improve US standards of living. Of course, this is another facet of a complex issue, but one to be considered. I would like to see the issue debated in a more intelligent way than just restating the two polarized extreme positions. It is much more complex than that.
Giuseppe Scagliarini, Esq.
In response to Mr. Hernandez's letter (1/12/05 ID), I'm a little unclear on the taxes that illegal immigrants pay. Do they pay property taxes? Do they pay federal and state taxes? Do they pay estate taxes? The answers to these are no. They do, however, pay sales taxes on consumption. Consumption taxes on a salary of $5-$10 an hour does not really contribute to the tax revenue.
In response to Mr. Hernandez (1/12/05 ID), aliens will stay for the reasons that most stay now, and bring their children, to give themselves and their children a better life. We've already seen how little success there's been in removing 400,000 criminal aliens under deportation orders. What will be different under Mr. Bush's plan? If he can do it with his plan, he can certainly do it without it. The IRS reports that only 2 million of about 6 million ITIN holders actually file tax returns and pay taxes. If illegal aliens are paying taxes, they are doing it under fraudulent social security numbers, which causes problems for social security and the real holder of the numbers. Given the estimates of the underground economy in CA, most illegal aliens do not pay taxes/SS. Mr. Hernandez ignores the costs associated with illegal aliens in terms of medical care, education for their many children, etc.. Mr. Hernandez's letter somehow seems to think that letting in an unlimited number of workers at any wages the employer chooses will raise wages for "guest workers". No such thing. Unskilled workers are easily substitutable, legal or not, and Mr. Bush's plan would open up US labor markets to the whole world, thereby pushing wages down and placing more power in the hands of the employer. Since Mr. Bush does not limit his plan to unskilled workers, even skilled and highly educated workers would be vulnerable. There is a difference between "family values" and simply having a lot of children. This is a country which believes in fairness, achieved through law and order. "Jumping the queue" by entering illegally or working illegally violates our deeply held values and is also unfair to every single immigrant who is waiting to come legally.
On the nomination of Michael Chertoff: "Mr. Chertoff is a distinguished jurist, and we look forward to the opportunity to review his record in the coming days. The Department of Homeland Security plays a critical role both in managing U.S. counterterrorism efforts internally and in protecting refugees who have fled terror and persecution abroad. To succeed, Mr. Chertoff will need to demonstrate a strong commitment to safeguarding human rights in both of these critical areas."
Director of US Law and Security Program for Human Rights First
Immigration Daily is inspirational to many, for whatever reason - good or bad. Keep up the good work. The solution is to our imigration problem is simple. (1) A controlled worker program that meets the needs of employers - Anyone wishing to take part of the program an lives in the US can apply but must leave for their interview and be screened for inadmissibilities before being allowed to re-enter with non-serious offenses being waived. (2) Reduction of oversubscribed immigrant visas by increasing the quotas from each country in order to bring them current - An additional sum fee or penalty fee could also be imposed in order to pay for all the extra processing. It would reduce alien smuggling because most of those waiting want to join family and they would try to come here anyway. Lives will be saved as well. Persons in the US would have to travel outside to get their visas and be subject to inadmissibilities as above. (3) Immigrant visa petitions should be accepted at foreign posts with immediate interviews performed, as is done with nonimmigrant visas - Rather than twice going through immigration the check and balance process can take place at the ports of entry at time of application for admission.
(4) Adjustment or change of status should not be permited once all backloggs are current.
Victor W. Johnston
Retired Legacy INS Officer in Charge
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Cowan & Miller is pleased to announce that Kevin Lederman has joined the firm located in Seattle, Washington, as a Partner as of January 2005. For the last 13 years, Kevin has practiced exclusively in the field of immigration law, including all aspects of family and employment-based immigration. Kevin is a past President of the Washington Chapter of AILA and, as such, served on the Board of Governors of the National Association. He has spoken and written on a variety of immigration law topics. He is currently listed in "The Best Lawyers in America" in the field of Immigration Law.
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