Steve Clark, Josie Gonzalez, Ed Litwin
Steve Clark, Josie Gonzalez and Ed Litwin will be on the PERM panel of
"Running With The Bulls In Immigration Pamplona" on Thursday, March 3rd.
The discussion will be devoted exclusively to PERM issues and will be led
by Angelo Paparelli. The deadline to register is Tuesday, March 1st. For more info, please see: http://www.ilw.com/seminars/january2005.shtm. (Fax version: http://www.ilw.com/seminars/january2005.pdf.)
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Telephonic PERM Session - Deadline Is Tuesday, March 1st
The March 3rd session of "Running With The Bulls In Immigration Pamplona"
will be devoted to PERM issues. The discussion will be led by noted
immigration practitioner Angelo Paparelli. A detailed agenda will be posted
soon. The deadline to register is Tuesday, March 1st. For more info, please
see: http://www.ilw.com/seminars/january2005.shtm. (Fax version: http://www.ilw.com/seminars/january2005.pdf.)
H-2B Short-Term Workers: Essential For US Employers' Survival
Brendan Flanagan, John Meredith, et. al of the H-2B Workforce Coalition write "Despite best efforts to recruit US workers, small businesses need H-2B workers to fill seasonal vacancies."
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GAO Report Concludes Many Challenges Remain For US-VISIT
The Government Accounting Office released a report concluding that some progress has been made, but many challenges remain on US VISIT Program.
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Help Wanted: Immigration Paralegal
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Help Wanted: Immigration Attorney
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Any benefits attached to the REAL ID Act (2/25/05 ID comment) could hardly make up for the impossible burdens it creates for asylum seekers. For example, Garcia-Martinez v. Ashcroft, 371 F.3d 1066 (9th Cir. 2004) is a case that would turn out differently under the proposed "central motive" requirement. Reina Garcia-Martinez grew up in a Guatemalan village during that country's brutal civil war. The guerrillas forcibly conscripted young men from the village, including Reina's brother. The government retaliated for this perceived support of the guerrillas. At 19, soldiers invaded her home, beat her father, forced her mother to cook for them, and gang-raped Reina. She fled to the US and applied for asylum. The IJ denied Reina's application, considering the rape a mere criminal act, not as part of a systematic campaign of persecuting villagers for perceived guerrilla sympathies. The BIA rubber-stamped the decision, but the Ninth Circuit reversed. One of President Bush's most conservative new judges chastised the IJ for not recognizing that persecutors may have multiple motives and that only one need be a recognized ground for asylum. The timing and intensity of the atrocities by the military, following the forced recruitment guerilla campaign, established that the soldiers intended to punish villagers for their perceived political opinion. Carnal or criminal desires did not erase that political motivation. Enactment of the REAL ID Act would change this reversal into an affirmance because it would require that the applicant prove the persecutor's "central motive". There's no way that Reina could meet this standard unless the soldiers provided an affidavit stating that they raped her primarily as part of a campaign to discourage support of the guerrillas and that their carnal desires were only a secondary motivation. A reviewing court restrained by a deferential standard of review could not reverse.
We already have "national IDs", namely driver's licenses and social security numbers (see 2/25/05 ID). The fact that a particular state may issue it doesn't change the fact that the driver's license from one state is now in use for everything from driving to cashing a check to ID for boarding aircraft or entering federal buildings in pretty much all 50 states. In fact, when I lived in Michigan many years ago, I was able to cross between Detroit and Ontario, Canada, only showing my Michigan driver's license. When I go home to Michigan now and show my out-of-state driver's license for paying by check, I often have to show the clerk where the license number is, which doesn't give me much faith that the clerk would know an invalid license if she saw one. My social security number has been used over the years for everything from employment (its original intended use) to college ID number to ID for medical care and obtaining credit. Given the epidemic of identity theft under our current "system" and the prevalence of unregulated commercial databases on us, I fail to see how standardizing the criteria for issuing identification can do anything but make it easier to identify fraudsters of all stripes and more difficult for them to engage in ID fraud in the first place.
Immigration Daily has no comprehension of the evils of the Real ID bill (see 2/25/05 ID comment). To even suggest that this measure may be of value because it opens the conversation to "benefit" reform is to engage in a trade-off of one class of persons, e.g. asylum seekers for another, i.e. those worthy of guest worker relief. When I read the ID bill, I concluded that FAIR drafted many of its provisions because section after section closed hard fought victories on credibility, nexus between persecution and reasonable fear, necessity of documentation. In addition, the ID bill essentially eliminates habeas corpus relief. To me, the loss of the Great Writ to aliens and judicial review seriously outweighs all benefits that might be gained from a guest worker bill. If we allow loss of judicial review in the immigration practice, we stand naked before the onslaught to come. There is no blessing in the ID bill. It must be fought with all our might.
The argument made by S. Salike (2/25/05 ID), makes sense, except for the fact that universities also fall under the immigration law cycle. What I mean by this is that after 9/11, requirements for visas have become very strict. This is good for security (or at least that's what they say) but it is not good for universities. Most of the foreign students actually pay their tuition in cash and on last years statistics on Time Magazine, I remember reading that foreign students enrollment fell by about 30% in the US as compared to pre-9/11 enrollment. This of course is a loss in revenue for universities, mainly private universities. But in addition, the article mentioned how enrollment in European universities rose by 20%. What this means is that we are keeping some of the brightest people in the world out of the US and letting other nations take them and use them for their advantage. Donít be surprised when some nations of the EC start having better technology, better scientists, etc. There has to be a different method that just making it harder for these students to come. We have to use the system not only to defend our nation, but also to our advantage in concentrating the best students in the world.
Lrnesheim's letter (2/25/05 ID) indicates that she knows of "no one who wants to give amnesty to illegal immigrants" and assuming she considers the Bush guest worker proposal an "amnesty" then perhaps she should have attended the 32nd annual Conservative Political Action Conference (CPAC) in Washington last week. According to a February 22, 2005 FOX News story "A straw poll conducted throughout the conference found that 54 percent disagreed with guest worker visas." Only 54%? The restrictionists have been infiltrating the conservative movement since the late Richard Estrada spoke at the Heritage Foundation in the early 1990's urging conservatives to change their position on immigration. Despite packing the conference, despite booing and hissing "Manhattan Institute analyst Tamar Jacoby's defense of the guest-worker proposal" (The Washington Times, February 21, 2005), the restrictionists could only muster 54% against the Bush proposal. There is now definitely hope for success of the Bush proposal.
Eugene J. Flynn
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