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Immigration Daily November 9, 2005
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Comment

The Big Picture

Today's Immigration Daily article is probably the best overall blueprint articulating the anti-immigrationist big picture viewpoint. If pro-immigrationists cannot refute the article's central thesis, they cannot win the war against the anti-immigrationist viewpoint.

We believe that the fundamental argument of the article is flawed. The article argues that heavy enforcement will ultimately decrease undocumented immigration. Implicit in this belief is a conviction that "pull factors" are more important than "push factors" in influencing immigration decisions and outcomes. We disagree. Our belief is that "push factors" are more important than "pull factors". The decision to leave a home country and come to the US is a profound psychological event for an immigrant. Once the decision is made by an individual to emigrate, increased enforcement measures will not significantly affect immigration outcomes.

The article argues that the solution to the problem of undocumented immigration is attrition through enforcement, which we believe would lead to a Gestapo state: "... a policy of attrition [would] combine an increase in conventional enforcement arrests, prosecutions, deportations, asset seizures, etc. with expanded use of verification of legal status at a variety of important points, to make it as difficult and unpleasant as possible to live here illegally." This difficulty and unpleasantness would be visited on all Americans, not just the undocumented. Surely the Nazi state envisioned by this anti-immigration vision is something that even anti-immigrationists would not wish to endure.

Finally, even this best articulated anti-immigration statement agrees that "the illegal population [is] so large that simply arresting them all really is not possible." For the article, see below.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

PERM Nuts & Bolts: The Latest Tips For Practitioners

We are pleased to bring a new telephonic seminar on PERM to our readers' attention, the curriculum is as follows:

FIRST Phone Session on Nov 17, 2005:

  • What is "identical" for refiling purposes?
  • Refiling and SVP/Job Zone issues
  • Refiling and BEC Interaction/How to withdraw a case
  • Multiple filings and the 8/11/05 FAQ
  • The role of retrogression

SECOND Phone Session on Dec 8, 2005:

  • PW Determination Expirations
  • SVP/Job Zones and Business Necessity
  • Drafting for BS+5 and EB-2 Preference Category Cases
  • Drafting for cases involving a combination of education and experience
  • Calculating Recruitment Dates

THIRD Phone Session on Jan 12, 2006:

  • BEC Update
  • PERM Processing Times
  • EB-2 vs. EB-3
  • Substitutions at CIS and at the BECs
  • Audits and Denials
The deadline to sign up is Wednesday, November 16th. For more info, including speaker bios, detailed curriculum, and registration information, please see: http://www.ilw.com/seminars/november2005.shtm. (Fax version: http://www.ilw.com/seminars/november2005.pdf.)


Article

Downsizing Illegal Immigration: A Strategy Of Attrition Through Enforcement
Mark Krikorian writes "This strategy of attrition is not a pipe dream, or the idle imaginings of a policy wonk. The central insight is that there is already significant churn in the illegal population, which can be used to speed the decline in overall numbers."


News

CRS Report On US Citizenship By Birth
The Congressional Research Service released a report tracing the history of "automatic citizenship" under US law and discusses the legislation in recent Congresses intended to alter it.


Classifieds

Help Wanted: Immigration Paralegals
Morgan, Lewis & Bockius, LLP is currently looking for two paralegals to work directly with the Immigration Practice Group in its Washington, DC office. Must be able to work under minimal supervision. The firm offers an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidates must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. Morgan Lewis is an Equal Opportunity Employer. M/F/D/V. Please apply online via the career link of the Morgan Lewis website.

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeking a mature and responsible paralegal with a minimum of 2 years experience in both family and business immigration cases. Must have a Bachelor's degree and be bilingual in Spanish/English. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or paulhaar@aol.com.

Help Wanted: Immigration Attorney
Finnan, Fleischut & Associates, founded in 1978 and based in Menlo Park, CA, seeks an experienced immigration attorney. We have an opening for an associate with 3-5 years experience in corporate immigration law. Candidate must have excellent writing skills, review work for accuracy, have experience with both family and business immigration, manage and develop client relationships, and foster team spirit. We offer excellent benefits, growth potential, and collegial workplace. Salary commensurate with experience. Only applicants with above qualifications should respond. Please submit your resume and cover letter to Luvenia Souffront at: ls@fleischut.com. No phone calls please.

Help Wanted: Immigration Attorney
Fast-paced NYC immigration law firm seeks attorney with at least 5 years of employment-based immigration experience particularly in Labor Cert, I-140, L-1, E, H-1B, J-1 cases. Strong communication skills (written & verbal) and case management skills required. Must be able to handle heavy caseload, supervise paralegals & junior attorneys and participate in practice development efforts. Please email resume & salary requirements in confidence to John Fay at: jobposting@rwfpc.com.

Offshore Services For Law Firms
We offer a wide range of back-office & clerical support services to immigration attorneys in NIV and IVs, including managing checklists, form completion, drafting cover/employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. Our services cover document generation, data entry, accounts, scheduling/calendering, clerical & archival. Quantum Technologies, Inc. is a sister company to Adnet Advertising Agency, the worldwide leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms enabling them to cost effectively and securely outsource law firm back office processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as a virtual extension of your office providing 24 x 7 support and significant cost savings. Convenient billing options are available. For more info. contact Johaina Mumtaz at Johaina@quantum-usa.com or call 212 406-3503 ext 224.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com.

New Offices - San Diego
Immigration attorney, Marc J. Kircos, has recently relocated from Michigan to San Diego, California. His offices are located at: 11208 Vista Sorrento Parkway #208, San Diego, CA 92130-7626. Tel: 858-350-5855. Fax: 775-239-9433.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
The term "aliens" is used in the bible to describe non-citizens (11/08/05 ID comment). The fact that millions of employers violate the law is irrelevant. Aliens who enter the US illegally and work illegally have violated federal law and are criminals. I believe that Stanley Mailman and Steven Yale-Loehr's view of what constitutes "illegal activity" is perverted. I believe that those who support that view would want open borders.

Jim Daly, Esq.

Dear Editor:
In response to your comment "No Human Being is Illegal" (11/08/05 ID comment), this quote is from Elie Wiesel, the writer, Nobel Peace Prize recipient and Holocaust survivor, who used the phrase in a speech of encouragement to refugees in the US from central America. It would be wonderful to have the important quote attributed to him.

Kay Leslie Ackman

Editor's Note: Thank you for pointing this out.

Dear Editor:
What is it about the word illegal that Immigration Daily does not understand (see 11/08/05 ID comment)? Your primary interest in this game is mostly career and income. An illegal immigrant to this country is an alien, so the term illegal alien is correct. Try going to other countries and testing their laws for hospitality. Many countries are better served if a legal or illegal returns to share their talents.

Peter Griswold

Dear Editor:
In response to your comment (11/08/05 ID) no human beings are ilegal, but human beings do commit illegal acts, and our laws term those who enter our country illegally or remain here illegally, illegal aliens. Most "undocumented immigrants" do in fact have documents - often fraudulent or expired - which makes that term inaccurate. Most Americans as shown in poll after poll do not want illegal aliens here and do not want to subsidize their presence here. If employers want to sponsor low wage workers, well, they've a funny way of showing it. Nothing, but nothing, about illegal status requires that employers underpay or mistreat these workers, but we find it over and over again. I find it hard to believe that agribusiness, or other large scale employers of illegal aliens simply had no idea how to go about bringing such workers here legally through expanded guest worker programs such as H2. But legal presence would remove the employer's hold over the worker. Nor are they showing any particular interest in programs which would require them to be responsible for said workers - unless said programs have minimal regulations and costs, and stack all the advantages on the side of the employer.

Ali Alexander

Dear Editor:
I am really very happy to read your comment (11/8/05 ID comment) that no human is illegal.

Cyril Charles

Dear Editor:
I'm sorry, but the term "illegal alien" is accurate (11/08/05 ID comment). It is illegal (not necessarily a felony) to cross over the U.S. border without authorization, or to stay in the U.S. beyond one's authorized period of stay. Likewise, the term "alien" is simply a term for one who is a noncitizen or foreigner. Many of the immigration forms use the term alien (i.e. Form I-140, Petition for Alien Worker or Form I-129, Petition for Nonimmigrant Worker). That does not make the term illegal alien pejorative. It is simply an accurate description of the person's status. No one is saying the person him/herself is illegally a human, but that they are in the U.S. illegally and they are aliens (as opposed to legal permanent residents, naturalized citizens or U.S. born citizens). The term "undocumented worker" that is so favored by the PC crowd is inaccurate, as many of these people do have (fake) documents, and not all of them are working. I really enjoy reading Immigration Daily and hope it does not turn into another arm of the open borders lobby or La Raza.

Katelyn Giovino, Paralegal
Watson Law Offices

Dear Editor:
How can I obtain a copy of the article: "Survey of Illinois Law: 2004-2005 Developments in Seventh Circuit Jurisprudence: Protecting Foreign Nationals Against Return to Countries Where They Fear Persecution or Torture," mentioned in the ComingsNGoings section (11/08/05 ID). I tried to obtain it from Westlaw and Lexis-Nexis but I was unsuccessful.

Guillermo

Editor's Note: Try contacting the publisher Southern Illinois University Law Journal directly.

Dear Editor:
Caglaws's letter (11/08/05 ID) criticizing my comments (11/01/05 ID) has merit so long as all of the letter's assumptions are correct and the results the letter argues are real. However, (1) Our current policy actually is set up to allow highly educated people to choose to remain in the US. When we talk about repatriation, we are talking about people who choose to return to the home country, not people who are forced our by our policy. (2) Repatriated U.S. educated entrepreneurs, managers, and executives generally end up supportive and instrumental in trade with the U.S., - the world is a better place with easier international economic and social dialogue. Having a fellow alumni as a counterpart in a foreign company or government has just as much value as having that person in the U.S. (3) In addition to the academic knowledge that re-patriots take to their home country, they take back values learned in the U.S., and of course, during their stay here, they expose us to their values and cultures from which we too make learn and adopt. (4) Our policy to allow foreign students actually exists because of the above considerations and is actually premised upon it. Retaining the student after graduation is the exception, not the rule. (5) The vast majority of F-1 students pay non-resident tuition and their fees actually subsidize our higher educational system. This is why many U.S. universities and colleges have very aggressive foreign student recruitment programs.

James David Acoba, Esq.

Dear Editor:
Lots of thanks to Ms. Stephanie Dopp for her letter (11/1/05 ID) informing us that there is also a US government office called Office of Special Counsel for Immigration-Related Unfair Employment Practice under US Department of Justice, which claims that it protects US citizens and legal permanent residents from employment discrimination. It is fairly known to all that most of the employers are employing foreigners staying in the US on different categories of non-immigrant visas. They hardly employ US citizens and legal permanent residents for the post of house-keepers, cooks, gardeners etc. Following the rules of the Dept. of Labor they advertise for the vacancy, later they inform the Dept. of Labor that none applied for the post, whereas they give reply to the applicants that the vacancy are already filled. Then the employers manage to get certificate from the Dept. of Labor, and later they file petition with USCIS for green card to be issued to their employees. We should do something that will stop the employers from employing foreigners.

S. Salike

Dear Editor:
Immigration Daily articles are enlightening. Keep up the great work.

Frank Austin


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 editor@ilw.com. 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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim


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