According to a New York Times report, a New Hampshire judge recently threw out a strategy that two NH police departments had tried to use to combat undocumented immigration. The strategy involved charging undocumented immigrants with criminal trespassing under state statutes. According to opinion in the NH state court, "The criminal charges against the defendants are unconstitutional attempts to regulate in the area of enforcement of immigration violations, an area where Congress must be deemed to have regulated with such civil sanctions and criminal penalties as it feels are sufficient." We commend the NH judiciary for reaching the correct outcome. However, the problem of undocumented immigration is not likely to go away until Congress acts to provide a legal mechanism for large-scale immigration. Unless it does so, the threat of large-scale deportation won't be sufficient since such threat is bound to be empty. The average American (and even the average anti-immigrationist) is not a Nazi and mass deportation would necessarily involve measures akin to Nazi Germany. The problem continues to worsen as seen in the recent announcements by the Governors of New Mexico and Arizona declaring a border emergency releasing over $2.5 million to cope with undocumented aliens crossing the border in their states. The border emergency is a consequence of the immigration emergency the nature of which is the failure by Congress to provide for a legal mechanism for large-scale immigration. Congress can delay action but eventually it will have to bow to one of the strongest forces of our time: immigration.
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Tools For PERM Case Management
And List Of Audit Triggers For Form 9089
Julie Pearl, Esq. writes "Even firms that elect not to invest in the more comprehensive software solutions should have some electronic system for tracking the PERM steps and important dates, in a way that allows access to more than one member of the firm."
DOL Proposes PERM Rule Change
The Department of Labor published its proposed rule to reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the US.
DHS Announces Liberia TPS Extension
The Department of Homeland Security announced a 12-month extension of Temporary Protected Status (TPS) for Liberia until October 1, 2006. For the press release, see here. For the FAQs, see here.
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There is one valid critique that I have already learned about my suggestion that the H should be limited to 3 years, and that is the retrogression of EB-3 and coming backlog of EB 2, especially for China and India. Clearly, for an Indian EB-3, something is going to have to happen regarding immigrant quotas if the H is cut down to its proper length. I would suggest that Congress can easily solve the problem of the IV quota pressures by simply changing the way that IV applicants are counted. If only principals were counted, and not family members, there would be a dramatic alleviation of the problem and then the H could be shrunk without adverse impact. I thank my eagle eyed critics for bringing this very valid point to my attention. I meant to include it in my article (see 8/17/05 ID) but simply forgot. Mea Culpa.
Gary E. Endelman, Esq.
In response to Sebastian's letter (8/17/05 ID), assimilation as it is popularly used refers to either "acculturation" or the extent to which the immigrant has adopted the norms, values, and behaviors of the dominant society, or to "identificational assimilation", the extent to which the immigrant identifies himself as a member of the dominant society, e.g. "Argentinian", vs. "Italian". The immigrant doesn't necessarily give up his religion, language, or food, but that he's able to function in dominant society, and that he accepts the important values and behaviors of that society, such as its laws. Nor does identifying oneself as "Argentinian" preclude also identifying oneself as "Italian". Presumably, Sebastian's letter used the Italian example to suggest that the US, like Argentina, can absorb large numbers of one ethnic group. Sebastian's letter presumed point is contradicted by his own example. In both instances, Italians were ultimately absorbed because they were effectively cut off from their homelands, by world wars and US immigration policies which produced immigration "time outs". We do not have the same situation with Latinos in the U.S. Instead, we have a continuing and heavily illegal immigration predominantly from one nation which replenishes and perpetuates ethnic communities. We also have major media perpetuating the use of Spanish in this country and hindering the need to learn English. Improved communications and transportation make it easy to maintain homeland ties. Sebastian's letter is quite right in pointing out that assimilation is a two-way street, because it requires acceptance of the immigrant by the receiving society — which is precisely why we have immigration laws, and why illegal immigration is a violation of the terms we've set as conditions for participating in our society, as well as a violation of one of its key values: respect for the law.
Thanks for the great work you guys are doing.
Under the present law, an undocumented immigrant cannot legally obtain or renew a drivers license because a valid social security card must be presented as identification in order to obtain the license. As a result thousands upon thousands are driving on our roads without drivers licenses or liability insurance. An undocumented immigrant can legally buy a vehicle and obtain a legal title to it but cannot register it and obtain license plates for it in many states without a valid social security card. Where do all the license plates on the vehicles owned by the drivers without licenses and social security cards come from? Many undocumented immigrants have purchased and are paying off mortgages on their own homes in this country. Is this legal and if so what would happen to their properties in the possible event that they were to be be deported? Can the undocumented legally own property? Can they inherit property? Lots of questions.
Richard E. Baer
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