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Immigration Daily

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Immigration Daily December 21, 2005
Previous Issues
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Mohawk And Supremes

The Supreme Court agreed to hear an appeal by Mohawk Industries Inc., a Georgia floor-covering company sued by current and former employees who allege the firm hired hundreds of undocumented immigrants to suppress worker wages. The issue involves whether a company and its agents, in performing corporate duties, can be considered a racketeering enterprise under the Racketeer Influenced and Corrupt Organizations Act (RICO). The court's ruling could resolve a circuit split on the question. For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to


Immigration Books

ILW.COM is pleased to feature the following distinguished works of scholarship:


T'was The Weeks Before Christmas
Bill Dahl writes "T'was the weeks before Christmas, And all through this nation, Not a fingers been lifted, To address the injustice of illegal immigration.


2nd Circuit Retains Jurisdiction Over Habeas Petitions Pending Post REAL-ID
In Gittens v. Menifee, No. 03-3623 (2nd Cir. Nov. 2, 2005), the court joined the 3rd, 5th, and 9th Circuits and said that habeas petitions that were pending before the Court of Appeals on the effective date of the REAL ID Act (May 11, 2005) were properly converted to petitions for review before the Circuit Court.


Help Wanted: Immigration Professional
The American Council on International Personnel is seeking a Director of Agency Liaison. Located in Washington, D.C., the Director will be responsible for working with ACIP members and federal immgration agencies to improve immigration policies and procedures for large multinational employers. Duties include maintaining relationships with federal officials and reporting on federal agency activities on an ongoing basis, organizing liaison meetings for members, drafting Federal Register comments, analyzing new policies and procedures and communicating changes to members through weekly email Bulletins and website. Some public speaking and travel required. The ideal candidate has a law degree, detailed knowledge of business immigration laws and procedures, experience filing immigration applications on behalf of large companies, liaison experience, excellent writing skills and ideas for improving the immigration system. Please send resume, cover letter and writing sample to No phone calls please.

Help Wanted: Immigration Attorney
Growing, international, employment-based immigration firm based in Miami, FL with offices in Asia seeks immigration attorney with 3-5 years experience in business immigration who is detail-oriented and has excellent writing and communication skills. Position can be based in either our Miami or Asian offices. We offer excellent health and dental benefits in Miami and housing and meal allowance internationally. Please send resume and writing sample to Andrew Koerner, at Leaf Koerner LLC, 100 SE 2nd Street, #2330, Miami, FL 33131 or

Labor Certification Advertising/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


Readers can share their professional announcements (100-words or fewer at no charge), email:

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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

Dear Editor:
Regarding Immigration Daily's comment in the (12/20/05 ID) issue: "[A]re Rep. Sensenbrenner and his friends going to do when their children/grand-children announce that they are engaged to a descendant of today's undocumented?", is this sexual politics or what? Good one. Haven't heard this yet from your side, the pro-immigrationist side. To twist the arms of Congress by appealing to their descendants' marriage prospects is a joke. Immigration Daily must be desperate? Do you not have any other compelling arguments left? It's futile to make this absurd argument since some of these anti-immigrationist legislators may have raised their children to not accept interracial marriage, so their children wouldn't even ask a foreigner to marry them. After all, it is fairly well-known in gossip that the offsprings of the elites and bluebloods of this country may fool around with the help, but will never ever marry them. Has Immigration Daily ever considered that? Immigration Daily's comment acknowledges that your side is in deep trouble: "With two back-to-back immigration defeats in Congress, on both 'legal' and 'illegal' immigration, pro-immigrationists can no longer maintain a 'business as usual' mindset". Immigration Daily's 10/28/05 ID comment regarding anti-immigrationists being "outmaneuvered" at the time is turning out to be a ridiculous premature victory celebration. Your side cannot win as long as Rush Limbaugh, Sean Hannity, and Fox News are on the air. Most of Middle America listen to them. By the way, Immigration Daily's editorials are usually patently amateurish in tone. Immigration Daily needs some professional editorial-page training to get up to speed to the usual hometown newspaper level.

Mike D.

Dear Editor:
What an excellent point Immigration Daily hit on (see 12/20/05 ID comment). I know about a large American congregation where thousands of American citizens are children of immigrants that did no have the legal opportunity of adjusting their status. Many of these children are attending Yale, Harvard, Stanford and other renown universities because high IQ does not come with race, legal status or any other human position but by nature. Certainly those people Immigration Daily mentioned would love to have their relatives getting engaged with the graduates from those institutions until they find what Immigration Daily asserted about.

M. Schwartz
Houston, TX

Dear Editor:
Finally, after ten years of lobbying Congress, it brings me great delight to read Immigration Daily's pathetic comments about how evil Congress is to pass such a "mean-spirited" piece of legislation to enforce our immigration laws. It brings me tickles of pleasure that Congress actually wants to round up rapists, murderers, thieves, smugglers, drug-dealers, drunk-drivers, illegal foreign welfare leaches, and others (lawyer's clients, in other words), and send them home. Most of all, it pleases me that Congress finally realized that America is a country, not a Wal-Mart. You see, by always having an endless source of illegal, cheap labor, greedy contractors are never forced to pay a livable wage. Greedy farmers are never forced to mechanize their fields. Greedy hotel and restaurant owners are never forced to pay enough for people to live without food stamps. So greedy lawyers should keep blithering. This is only the beginning of America restoring law, order, and a market-driven wage system so that hard-working and honest people can finally earn an honest living. In the oh-so-appropriate words of President W, "Jobs Americans won't do" is actually "Jobs Americans can't afford to do."

Robert Bettes

Dear Editor:
In response to several letters (12/20/05 ID), I agree with Sebastian's letter that the field of immigration would be improved without lawyers. However, the previous day (12/16/05 ID), his letter's complaint was that "millions" of immigrants were subject to poor service by the USCIS, yet his letter illogically rejects the premise that service would be improved with a drastically reduced catagories, workload and numbers. His letter's reference to a slight percentage of reduced numbers is not persuasive as the numbers of immigrants is at historical highs according to Robert Justich, a senior Bear Stearns managing director and quoted in a Barron's report. Mr. Justich also points out the cost of the underground economy of an estimated 20 million illegal aliens working in the US to the federal government is hundreds of billions of dollars in unpaid income taxes. A micro-knowledge of technical aspects of entry procedures does not always translate into macro understanding. I plead not guilty to supporting "more poor quality, expensive and absurd legislation". That's what we have now. Cristin's letter has a legitimate complaint as the high levels of illegal immigration no doubt results in the denial of some qualified applicants. However, her letter's suggestion of legalizing any who wish to come precludes the limited immigration we need. There is no universal right to come to the US. Dave Anderson's letter came up with his own study that shows immigrants are a net loss and then counters this conclusion by the Stephen Moore summary. The way most legal and other matters are decided is to hear evidence on both or all sides of an issue, not to require that advocates be neutral, independent or not paid.


Dear Editor:
With respect to illegal immigration, so many people today are just saying not to get upset, get the politicians at the poll both. There will be a lot of American people like Jim Gilchrist elected in the future. The American people are starting to stand up for their country. Our trust has been betrayed by our elected representatives. My neighbor was told that lettuce would go to $10 a head if we stopped this illegal immigration. When I asked why weren't the 13 million that are already in this country working in the fields and looking for work lining up for the jobs, she couldn't answer the question.

Nancy Entler

Dear Editor:
Good people, for good reasons, complain about the restrictions from legal immigration rules. Many of those restrictions are the result of illegal immigration. One recent letter was about a deserving person from Mexico (see 12/20/05 ID). Remember that about 2/3 of all illegal aliens do in fact come from Mexico. For that reason alone, more restriction should be put on the all applications from Mexico. Mexico loves that the US is the big escape valve, that reduces the chance of revolution, so their impoverished can come to the US, and to send money back to their relatives, which enriches the country of Mexico as it finds way to the top.

Peter Griswold

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 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