Litigation And PERM
PERM is a new regulation. Historical experience, particularly in immigration law, has shown that litigation in the early stages of a new regulation's life is an effective (and sometimes the only) way of keeping the government from over-reaching. This is also true of labor certification, where the last serious litigation wave occurred after the last major rule change in the early 1980s. While most labor cert practitioners are loath to think about litigation in the labor cert context, litigation must be a part of every competent attorney's "tool-kit". In connection with PERM, it is our opinion that attorneys will be making many more trips to BALCA and the federal courts than they would like to. The May session of "Filing PERM Cases For Advanced Practitioners" will discuss litigation issues with PERM. Janet L. Henner and Michael Patrick (both of the Fragomen law firm) will be
speakers. Ms. Henner formerly served as Attorney-Advisor and as Deputy Secretary at BALCA. Mr. Patrick formerly served as Chief of the Immigration Unit of the
United States Attorney's Office for the Southern District of New York,
where he represented the Immigration and Naturalization Service, State
Department, Department of Labor and other federal agencies in the federal
courts. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/march2005.shtm. (Fax version: http://www.ilw.com/seminars/march2005.pdf.)
We welcome readers to share their opinion and ideas with us by writing to firstname.lastname@example.org.
Registration Deadline Is Tuesday, May 3rd!
Tuesday, May 3rd is the deadline to register for the May session of "Filing PERM Cases For Advanced Practitioners". For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/march2005.shtm. (Fax version: http://www.ilw.com/seminars/march2005.pdf.)
A Guide For Legal Advocates Providing Services To Victims Of Human Trafficking
Catholic Legal Immigration Network offers a 300 page guide to those assisting victims of human trafficking.
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Complainant In LCA Appeal Must Have Stake In Outcome
In the Matter of Administrator, Wage and Hour Division, v. Indiana University, No. 2005-LCA-21 (OALJ, Apr. 29, 2005), the Office of Administrative Law Judges said that being a citizen and a member of the community did not give the Complainant a stake in the outcome of an appeal of the Adminstrator's findings with respect to the assessment of civil penalties, saying further that the term "interested party" should not be interpreted to include literally any person who wishes to challenge the Administrator's findings.
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Help Wanted: Immigration Paralegal
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's
largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration paralegal/legal assistant to work as part of its Immigration, Nationality & Consular Practice Group team. 2+ years of experience is desired in: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to Ms. Maura Bowen, Human Resources Manager, Fax: (301) 230-2891 or e-mail: firstname.lastname@example.org.
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Great job on Immigration Daily's 5th anniversary! (ID, 5/02/05)
The 9-11 Commission Report identified increased state and local cooperation with federal immigration authorities, in particular uniform standards for verification of driverís license applicants, as a key factor in deterring future terrorist attacks.
REAL ID opponents like Lt. Colonel Margaret Stock (article in ID, 5/02/05) are hyperventilating about the supposedly unprecedented draconian scope of the drivers license provisions that will become law in a few weeks. Actually, REAL ID will merely require a limited re-establishment of secure license standards fought for and won by FAIR nearly a decade ago.
Reacting to the first World Trade Center bombings, in 1996 Congress enacted improved federal document security standards for birth certificates and driverís licenses. The new license standards included verification of the applicantís social security number with the Social Security Administration.
However, almost from its inception, IIRAIRA Section 656 came under heavy attack from a cabal of ultra-states rights ideologues and ethnic communal radicals. In October 1999 Congress repealed the new license standards. FAIR was almost alone among public interest organizations in arguing that repeal jeopardized national security. On 9/11, FAIRís longstanding concerns became the nationís worst nightmare.
False identity is the key factor in converting a civilian terrorist sympathizer into the delivery system for a weapon of mass destruction. Identity verification of license applicants using biometric and database technology strengthens our ability to locate alien adherents of terrorist entities once they are already in the country. Terrorists and criminal aliens without genuine documents experience reduced mobility and increased risk of detection. Had secure license standards been in place, one or more of the four 9-11 hijackings might have been deterred for logistical reasons, as were other attacks planned by Al Qaeda.
Michael M. Hethmon
Staff Counsel, Federation for American Immigration Reform
LL's letter (5/2/05 ID) claims that Liz Saado (4/28/05 ID) should have applied for amnesty in 1986. LL should be aware that in order to qualify for the 1986 Amnesty, an alien was required to documentarily prove they had been physically present in the United States on and after January 1, 1982. Now, my second grade arithmetic tells me that Ms. Saado, who it appears as of 2005 to have been in the United States for only 20 years, would not have qualified for the Amnesty Program that was offered by the 1986 law. As Jack Webb's character, Detective Joe Friday, in the 1950's television series "Dragnet", often said, "Just the facts, ma'am." The facts are important in any discussion about immigration law, and emotion, hatred, and bias should be left out of the equation, as there is no solution in narrow-mindedness or vigilantism.
David D. Murray, Esq.
Newport Beach, CA
Just how does GH know "the border vigilantes are not concerned on whether someone is legal or illegal, they are just against any kind of immigration." (ID, 5/02/05)? Is this prejudice or has he spoken with each and every "border vigilante"?
Personally, I haven't heard of any incident of "vigilanteism", but I have read reports in the popular press of the harm done by many illegal aliens. It is my opinion that the Minutemen accomplished a major goal: to show up the claim that the borders cannot be controlled if our government wishes to do so. Unfortunately, it hasn't shamed the President into providing funding for the 2,000 Border Patrol positions that were approved.
Who are the thousands of activists opposed to illegal immigration? Racists? Xenophobes? Bigots? Iím a regular Gen-X guy who borrowed a lot of money to get a college education. Iím married with three kids. Most of my friends are Hispanic, as I grew up in New Mexico and now live in El Paso. Do I blame poor Mexican people for sneaking in to America to get a better life? Absolutely not. If I were poor and lived in Mexico, Iíd try to come here too.
Why am I trying to stop illegal immigration? The government has let the illegal alien crisis grow to a point where people are so frustrated and angry that they no longer wish to discuss any other option but mass deportations of these millions of illegal people.
Thirteen million illegal aliens living in America is a joke! Thatís the problem that Congress has let happen. The problem is so big that folks will not negotiate or reason with Congress anymore. The letters and calls are flowing in at such a stunning rate to members of Congress that they are now petrified to do anything but offer more stringent laws to stop illegal immigration. Example: the Real ID Act.
Immigration lawyers and Hispanic ethnic-centered activists are now puzzled. Why is Congress taking so long to pass the next amnesty? Why are the laws focused on security rather than ďregularizingĒ the illegal alien population? The answer is simple. They want to get re-elected.
Congress, in its greedy lust for cheap labor, has let the problem grow horrifically out of control.
The voters are now showing Congress some ďtough love.Ē
El Paso, TX
It appears the Real ID Act will soon become law and
its entangled regulations will impose a heavy burden
on the states creating another source of unproductive
expenditures and one more reason for sloppy Government
employees to make mistakes. In the future, after years
have passed and billions of dollars spent, the
politicians will still be discussing how to make it
work. Meanwhile, any potential terrorist will be able
to use his passport or any other fake identification
that has not being standardized because these types of
ID will have to be accepted anyway. This is a huge
step towards ridding the US individuals of an
insidious disease called freedom from being bothered
by the Big Brother for the sake of phony security
reasons sponsored by the Pentagon vendors.
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. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to firstname.lastname@example.org. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.