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Immigration Daily December 22, 2005
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Right Problem, Wrong Solution

The White House released a Statement of Administration Policy (SAP) on H.R. 4437 (see below for item) strongly supporting Rep. Sensenbrenner's anti-immigration bill. Rep. Sensenbrenner's bill ran into rough weather on midday December 16th when it was on life support. It is not unreasonable to believe that the SAP which was widely distributed around the same time rescued H.R. 4437 from the brink of death. According to the SAP,

"The Administration strongly supports House passage of H.R. 4437 and appreciates the efforts of the House Judiciary Committee and the Homeland Security Committee in bringing this important legislation to the floor. The Administration looks forward to working with Congress to improve certain provisions in the bill and to implement the many necessary reforms that this legislation provides."
America is a nation of laws and we completely agree that with House Republicans who believe that it is not right for our laws to be broken with impunity everyday. In that sense, Rep. Sensenbrenner's bill addresses a pressing problem. However, we disagree with the House Republicans on the correct solution to this properly identified problem.

Pro-immigration Republicans will have to learn that nothing short of concentration camps will satisfy the anti-immigration wing of their party. As discussions on H.R. 4437 progress, we suspect that this unpleasant truth will become increasingly clearer to pro-immigration Republicans. President Bush and his team have been prolific in their professed support for legal immigration over the past 5 years. We believe that the time for talk is over and that this Administration must now walk the walk with pro-immigration legislation.

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:


Update On Select Immigration Issues
Alan Lee, Esq. provides an update on FBI name checks, Chinese population control asylum cases, and other immigration-related issues.


Statement Of Administration Policy On HR 4437
The White House in its statement of administration policy said: "The Administration strongly urges the House to pass this important legislation, and we look forward to working with Congress to ensure that certain provisions of the bill do not inadvertently affect operations designed to gain control of the border. The Administration remains committed to comprehensive immigration reform, including a temporary worker program that avoids amnesty, and believes this bill is a positive step toward that goal."

The DOL released a response to the question, "Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien at any given time? What should an employer do if it has already filed multiple applications for the same alien?". The DOL removed the original response to this query. For the recently released response, see here. The revised August 8, 2005 DOL memo can be found here. The original August 8, 2005 DOL memo can be found here.


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/Recruitment
Computerworld is the best no-hassle solution for meeting PERM requirements. Place your 2nd IT recruitment ad in print in the IT Careers section, or online at If you choose to use both methods, you will receive 50% off the online job posting rate. In addition, our staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Call today to place your labor certification ad in print and online. Call 1-800-762-2977 or email your ad to


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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:
US businesses can move the farms to Mexico and central America thanks to CAFTA and NAFTA. Jobs can still be outsourced to China or India. US citizens and legal immigrants can be terrorists too. Look at those high school kids with guns shooting at their schools or those nuts shooting at malls and highways. Your US citizenship doesn't guarantee you can take anything for granted and entitle you to certain amount of income just because you're an American. Foreigners can send their kids to fine universities elsewhere, immigrate to other nations that appreciate their brain and skills or staying in their own countries since multi-national corporations value their talents and invest in their countries and pay them very well. Protectionism won't work, protectionism is only for losers. Life is competitive, empower yourselves or you're left behind.

Robert Yang

Dear Editor:
I think I made clear in my 12/20/05 ID letter that I was talking about immigrants currently applying through the system. R.L. Ranger's letter (12/21/05 ID) mixes the undocumented immigrants in the total numbers. Legal immigration numbers, even in the millions when aggregating applications of several years in a row, are not breathtaking for a country with 300 million souls. As my letter stated, the immigration services can move to charging more if they need to improve service. Concerning unauthorized workers, I repeat that the government should fine employers. This will eliminate the economic incentive to hire them. It is the only cost/effective way to solve the problem. Of course, I don't think immigration scaremongers want to get into a good fight with the U.S. Chamber of Commerce to strengthen employer penalties. Criminalizing the entrance without inspection will further clog the court system and swell the prison gang ranks. Entrance after deportation is already a criminal offense and has not demonstrated any deterrent effect. In light if the demagoguery currently going on, I believe that Congress will end up passing a law that will likely include both ineffective and expensive "enforcement" measures along with a "slave worker" program.

Washington, DC

Dear Editor:
With respect to Mr. Dahl's poem (12/21/05 ID), It's criminal to do this to a Christmas song, but hey, that's what illegal immigration is about, crime. Most of the ills referred to in Mr. Dahl's poem would not be remedied by legal status (unskilled and uneducated workers in plentiful supply have no bargaining power with employers), and there's a strong whiff in his poem of illegal aliens requiring US taxpayers to pay for the housing, insulin, education, etc., of these economic migrants.

Dashing cross the border
at a one-horse open town
o'er the fields we go
sneaking all the way
BP on tails wing
Chasing us to the ground
Oh what fun it is to fling
Rocks without a sound.

Oh, jingle cash, jingle cash
jingle all the way
Oh what fun it is to pay
someone else's way.
Jingle cash, jingle cash,
Jingle all the way.
Oh, how good it is
For those stupid Americans to pay

Ali Alexander

Dear Editor:
It is ludicrous to suggest in Immigration Daily's 12/20/05 ID comment, "The Next Generation" that entry policy should be decided on the future chance of an "inevitable event" of a mixed marriage to a descendant of an illegal. It is all the more reason we need even stronger measures than the recently passed H.R. 4437 to correct failures of the past, not add to them. Rep. Hayworth (R-AZ) recently stated that real immigration reform will be achieved only if viewed as an invasion that needs to be stopped and not as a political problem to be managed. With millions illegals already here, any substantive solution to the immigration dilemma must first address enforcement provisions as suggested by Rep. Tom Tancredo (R-CO) and does the true Enforcement Border Security Act of 2005 and avoid the "smoke and mirrors" of phony solutions of guest worker programs and amnesties in any form.

R.L. Ranger

Dear Editor:
I've heard that Leticia Sierra was not promoted from her acting chief position at DOL's Foreign Labor division to real chief, and that she's back among the worker bees at Foreign Labor. Yet I've seen nothing from Immigration Daily or AILA about this -- or who the new acting chief is. Can anyone out there confirm or deny?

Andersen C.

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