A Formal Beginning
For the first time, the White House came out formally, officially, and on the record with support for comprehensive immigration reform during the Senate Judiciary Committee's hearing on immigration reform on October 18th. In sworn testimony, DOL Secretary Chao and DHS Secretary Chertoff supported provisions largely from the Cornyn-Kyl bill: increased border security, increased interior enforcement, a temporary worker plan, with no path to legalization. With this formal administration statement, the battle is now formally joined between the anti-immigrationist Republicans on the Hill and President Bush. There is still a long path between this hearing and enactment of a statute, optimistically the statute will come in February 2006.
Despite the wide variety of immigration proposals out there, from Rep. Tancredo on the right, through Rep. Sennsebrenner's expected bill, through the Cornyn-Kyl bill, through the McCain-Kennedy bill, and Rep. Jackson Lee on the left, one thread unites all these disparate visions. All these different proposals agree that interior enforcement, a.k.a. enforcement aimed at employers of the undocumented should be heaviliy emphasized in reforming our immigration system. Asking employers to follow the law is a laudable goal. We believe, however, that employer enforcement without legalization will likely fail, and here's why.
The central reason is that it is impossible to hurt employers of large numbers of undocumented aliens without hurting the aliens themselves directly and their communities indirectly. Historically, whenever serious employer sanction enforcement has been tried (the Vidalia Onion harvest comes to mind), the community has risen up in defense of the aliens directly and therefore, and unintentionally, the employers indirectly. We are confident that if serious employer sanction enforcement is tried in their own districts perhaps every one of the members of Congress will try to thwart enforcement (even Rep. Tancredo if this happened in his district). Legalization would not thwart enforcement because there would be no illegal behavior to punish if the undocumented workers were legalized. And provided the path of future inflow of immigrants was sufficiently broad, employers would have little incentive in flouting the law.
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Catholic Legal Immigration Network, Inc. On Immigration Law
ILW.COM is pleased to announce a new seminar moderated by experts from CLINIC, focusing on family immigration, removal, and criminal matters. The deadline to sign up for "Catholic Legal Immigration Network, Inc. On Immigration Law " is Tuesday, October 25th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/october2005.shtm. (Fax version: http://www.ilw.com/seminars/october2005.pdf.)
Does The Value Of Your Degree Depend On The Color Of Your Skin?
Sheila Danzig and John Kersey argue that there is a strong case for regarding high academic performance in the three-year Indian bachelor's degree as an acceptable qualification for admission to a Master's degree program in the US.
EOIR Releases Latest Disciplinary Proceedings
The Executive Office of Immigration Review released the latest disciplinary proceedings: five attorneys were immediately suspended; three received final orders.
USCIS Federal Register Notice On Visa Screen Health Certificates
USCIS published in the Federal Register an OMB emergency approval request to modify Form I-905, Certificates for Health Care Workers.
Help Wanted: Immigration Paralegal
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Help Wanted: Immigration Attorney
A Chicago law firm with a large immigration practice, including business, family-based and removal defense, seeks attorney with 2+ years experience practicing immigration law. Fluency in Spanish or another foreign language preferred. Send resume to: email@example.com.
Help Wanted: Immigration Attorneys
Hop on the Express Train to career growth in immigration law. Paparelli & Partners LLP - a nationally renowned immigration firm with a focus on sophisticated business immigration clients and matters - seeks experienced immigration lawyers in the firm's New York City and Irvine, California offices. The ideal candidates are detail-oriented, team players who excel in oral and written communication. Good moral character and bar license (any state) are required. The open positions involve work on a full range of employment-based and family-based cases and the opportunity to work on cutting-edge immigration law issues. The candidates must show a track record of embracing new technology since computer software is used extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, PowerPoint, VOIP, etc.) Send resume + cover letter to Chris McCoy at (fax) 949-955-5599 or e-mail her at firstname.lastname@example.org. No phone calls please.
Help Wanted: Immigration Paralegal
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New Firm - New York City
Tsui Yee & Jennifer Durkin are pleased to announce the opening of their immigration law practice. The members of the firm have years of experience handling cases involving all aspects of immigration law. They can be reached at Yee & Durkin, 31 E.32nd Street, #300, NY, NY 10016; (212) 481-8484.
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I have to say that many of Immigration Daily's articles seem to be little more than full-page advertisements for legal services products (see 10/19/05 ID comment). Tips that are merely a recitation of the regulations aren't very useful to attorneys. Who is your audience?
Name Withheld Upon Request
Shades of Marie Antoinette and "Let them eat cake". Mr. Murray's response (10/18/05 ID) to my letter (10/17/05 ID) states that "...'upper class' housewives might just need to learn to use a vacuum cleaner, or perhaps hire a welfare recipient to do the work." This is a very glib and insulting statement while proposing a plan to use the services of foreign workers but refusing them any chance to secure the benefits of and become a permanent part of the American experience for themselves and their families. Employers, under this plan, would bring temporary workers to the USA, keep them in conditions that would quickly devolve into the exploitive and threaten them with being sent back if they do not accept less in salary and benefits than they were first offered. A perfect example of this type of program is the sugar cane worker program, where workers were often kept in terrible conditions, were not fully paid their salary until they returned to their country of origin and were deprived of their passports and other entry documents by their employers so that they could not accept better offers. I did not miss the point of Mr. Murray's letter. It stands for exploitation, creation of a truly permanent underclass, the necessity of setting up an ID system that will deny Americans of their basic rights and further destruction of the American worker by bringing in workers to undercut the wage market. This appears to be the Conservative agenda, business above humanity, legality above true morality. There is no reason to use draconian methods to solve the problems created by people breaking laws that are mala prohibitum, not mala in se. Especially laws created to push an anti-immigrant agenda.
Charles A. Grutman
All restrictionists here must understand about the law of economics. If people want strong US dollars so they can get cheap imports while they don't care about the ballooning US trading and budget deficit, closed borders to protect their comfort and income level, I am sorry to say that they are dreaming, unrealistic and greedy. Our not too smart politcians want a re-evalution of Chinese currency by 40% to make made in USA "more competitive" but it means the devaluation of the US dollar by 40% as well. 40% less purchasing power for Americans. Maybe Lou Dobbs of CNN or Rep. Tancredo have some magic solutions how to make their fans happier than ever by showing them how to keep the US dollar strong, increase US exports and decrease imports, make our trade and budget become a surplus instead of in the red, close US borders completely, stop US companies from outsourcing their businesses and jobs while keeping goods and services prices still affordable for Americans and make all made in USA products competitive and attractive in the global market even compared to made in China.
What with the massive damage the recent hurricanes have caused to the South Eastern US, why is the Division of Foreign Labor (DFLC) continuing to certify foreign workers to the exclusion of hundreds of thousands of displaced US workers who are ready, willing, and able to get back to work? Isn't DFLC (and DOL as a whole) supposed to protect the American worker? In addition, most every company with employees or concerns in areas affected by the hurricanes has put out related guidance. Where is DFLC's guidance? There are likely thousands of other attorneys whose clients' petitions are affected by the hurricanes. What should we do? Is it business as usual?
Name Withheld Upon Request
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