Immigration Daily ran a letter to the Editor on August 23, 2005 characterizing Mr. Norm Matloff in a manner contrary to our usual editorial standards for the Letters to the Editor section. This was a result of oversight, not intent, on our part, and is the kind of error that we have occasionally made in the past because of our tight deadlines and small staff. Immigration Daily encourages debate and varying viewpoints; however, we have never allowed and do not allow for name calling. The letters to the Editor section is a section for discussing viewpoints, not personalities. Immigration Daily apologizes to Mr. Matloff for our error in oversight, and the characterization has been modified.
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Immigration Monthly: August 2005
The August 2005 issue of Immigration Monthly features an article by Gary Endelman, "Keepin' Em Down On The Farm: The Visa Trading Bank And Rural Depopulation".
Summary Judgment Awarded Where USCIS Fails To Issue Evidence Of LPR Status In Class Action Suit
In Santillan v. Gonzales, No. C 04-2686 (USDC N. Dist. California, Aug. 24, 2005), the court granted summary judgment to a nationwide class action on behalf of legal permanent residents denied their green cards (courtesy of Martin R. Acevedo, Associate Director, Texas Lawyers' Committee).
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Help Wanted: Immigration Professional
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In response to Immigration Daily's Foot in Mouth comment (8/26/05 ID), it is important however, in analysing the DOL's revocation authority, to recall that the comments to the final regulations implementing the PERM system stated the following about the DOL's authority to revoke an approved labor certification on the grounds it was "not justified": " (t)his change in the final rule will allow the CO to revoke a labor certification for any ground that would have resulted in a denial of the Application for Permanent Employment Certification, whether unintentional or willful." If, as I believe, there is no authority in the statute or regulations for the denial of a labor certification merely because the same employer has successfully filed a labor certification for the same employee for a different job opportunity, then the DOL's revocation authority does not provide it with the authority to revoke a second labor certification approved upon that employee's behalf merely because it believes that the second certification was "not justified". Rather, at least according to the quoted comments, the DOL would have to demonstrate that a basis must have existed for denying this second labor certification in the first place in order for revocation to be approved. Of course, comments to the regulations are not necessarily binding upon an administrative agency, and it is certainly far from impossible that the DOL may attempt to stretch its "not justified" revocation authority into a general catch all provision akin to a denial on grounds of discretion. If it does however, practioners seeking judicial review of such revocations should be quick to point out to the courts that such a use, or rather, abuse, of the DOL's revocation authority goes well beyond the explanation provided for it in the comments published in the Federal Register.
Michael E. Piston, Esq.
Distortion of facts and rabble rousing rhetoric will not solve America's immigration problems, nor will they enhance the economy or border security. Ali Alexander's redundant tirade against H-1B visas is again brought to light (08/26/05 ID). Once again, he blasts H-1B employers with outrageous and unsupported claims. H-1B's distort the market? Lower wages? Make these "professions less appealing to Americans"? I'd like to know from whence comes Mr. Alexander's distorted and unsupported point of view? Does he not know that US employers offering jobs to foreign workers must pay the prevailing wage, as determined by the DOL? And what is the basis for the bold claim that, ". . . our graduate schools are similarly weighted to favor the admission of foreign students who hope for a green card, will tolerate low wages and conditions that Americans wouldn't, and thus allow universities to keep research costs and wages for academics down." I, for one, am growing weary of these bald-faced distortions, and feel they only serve to hinder the discussion of the resolution of our country's immigration problems.
David D. Murray, Esq.
Newport Beach, CA
I am in favor of lots of immigration, legal only. What do they, and Immigration Daily, not understand about illegal aliens? Immigration Daily loves the troubled system as it is because it is your bread + butter. Any change to current broken immigration laws should penalize countries in proportion to their contribution of illegal entrants. I have relatives from south
of the border and they all agree. (2) Immigration Daily's recent report about the felon, paroled after 12 of a 30 year
sentence for child molesting sounded almost sympathetic. He should have been physically deported on the day of his release.
A voucher system could be used to pay his home country to monitor his parole. (3) The 14th Constitutional Amendment has been very badly abused to allow anybody born on U.S. soil to be declared a U.S. citizen.
Immigration Daily's comment (8/26/05 ID) seem to be suggesting that this situation is a reason for looser immigration laws, including a guest worker program. To me, it suggests the contrary, that illegal aliens and their pro-illegal immigration allies, such as the Bar, are attempting to intimidate Americans from defending their own property against trespassing. It's a graphic illustration of the dispossession of Americans by illegal aliens. It's also worth noting that the "vigilante" involved was not convicted of any criminal act, but lost the property by default, presumably because he was unable to hire defense, in a civil action. Perhaps we "anti-immigrationists" should take a page out of SPLC's book and file more civil actions against illegal aliens and their supporters. More RICO suits, too, against employers, and organizations such as banks, that profit from illegal immigration. I also can't help but wonder...SPLC spokesman Morris Dees says that the ranch will eventually be sold. It was purchased for about $120,000. What's Mr. Dees' cut going to be, assuming that they can even find a buyer, given the border problems there? I rather doubt that the new "owners" will be able to afford to run the place or pay taxes on it, even if they had legal status to remain. Finally, has Immigration Daily reported on the Pew Hispanic Center's survey of Mexicans which shows that almost half want to immigrate to the U.S., and around 20 percent would do it illegally? And that's just Mexico. Just how would a "guest worker" program stop or even greatly reduce illegal immigration when that many Mexicans of all socio-economic levels are that disillusioned with conditions in their country, not to mention the millions of would-be immigrants from countries such as India and Pakistan or the rest of Latin America?
In response to Ali Alexander's letter (8/26/05 ID), (1) H1-b workers are brought in isn't not because of a shortage in the American workforce, but a shortage of qualified labor, specifically for American scientific, quantitative and research positions. I strongly recommend Geoff Colvin's article in Fortune magazine on this point. American education isn't producing sufficient numbers of such workers. This is why "No child left behind" are being proposed. It will take 15 years until a new system produces enough scientists and engineers to feed demand, and in that time the American economy has a good chance of being left behind. This is why "the future of the U.S. lies in the immigration of professionals from overseas", or in outsourcing work in order just to get it done (2) Mr. Alexander's letter is correct in stating that government policies "discourage Americans from entering these professions", but not by favoring immigrants, but by keeping them tied to one employer, and thus unwittingly driving wages down (3) thankfully, H1-b workers will no longer "tolerate low wages and conditions that Americans wouldn't" (4) in response to the ludicrous statement in Mr. Alexander's letter regarding universities "favoring" immigrants, walk into the Math or Physics department of any US university, and ask them the percentage of applications received from USCs. When I was admitted my university's Math dept, I walked in one week before the quarter was to begin, and there were three unused scholarships. No USCs had applied for a graduate degree in Math (5) in reply to his question, my firm which employs 2000 people in its NY office sponsors only 3 H1-b visas and permanent residencies combined. I was hired after 27 USC candidates were interviewed, none qualified. Mr Alexander's letter reeks of the defeatist and sour grapes attitude that Mr. Colvin's article articulately describes.
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