ILW.COM - the immigration portal Immigration Daily

Immigration Daily October 16, 2006
Previous Issues
The unmatched news resource for legal professionals. Free! Join 17,000+ readers


Control Of The House

As events of the last Congress have proven, the Senate takes a largely pro-immigrant position (for all its faults, S. 2611 would have legalized 5 million people). Meanwhile, the House's H.R.4437, a.k.a. the Sensenbrenner bill, is stridently anti-immigrant. It is a near certainty that if the House is controlled by the Democrats, significant pro-immigration legislation would pass. With the November elections less than a month away, is there any chance for the Democrats to take control of the House? Recent polls and the media indicate that the House will change hands. We believe, however, that there is good reason to believe that redistricting will likely prevent a Democrat takeover despite an unfriendly political climate for the Republicans. For a discussion on this issue, see here for a Democrat's perspective and see here for a Republican's perspective.

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


PERM Workshop Earlybird Special

ILW.COM is pleased to announce an Earlybird special for our upcoming PERM Workshop in New York City on Friday, December 1st. For more info, please see: . (This page will be updated every week with the latest info on the event.)


More On NTA Issuance - Denial Of Immigration Application Or Petition On Or After October 1st May Well Force Your Removable Clients Before The Immigration Court
Ann Pinchak, Esq. writes "Because USCIS is statistics-driven and gets its funding based on numbers, Service Centers and local offices will now be issuing NTAs with denials for removable foreign nationals."

"Copenhagen Consensus:" Help The Tired, Poor, And Dispossessed To Stay Home
Steve Sailer asks "Are there more cost-effective methods of helping Third World countries - and thus reducing emigration - than invading and occupying them?"


Full Text Of FY 2007 DHS Appropriations Act
We reproduce H.R. 5441, the FY 2007 DHS Appropriations Act FY, in its entirety.


Help Wanted: Immigration Professional
New York, NY - AIESEC seeks an individual knowledgeable in J visa administration or immigration law that is interested in working with a mission-driven, entrepreneurial organization that is growing rapidly. Applications for the Responsible Officer for AIESEC US, Inc.'s J Exchange Program position are due 10/18/06. Interviews will be conducted 10/18/06-1/24/06. Start Date: ASAP. Interested applicants, please submit CV or US style resume and completed application. For more information, including the application requirements, see here. If you have any questions about the role or AIESEC US, please feel free to email at or call at (212) 757-3774 x241.

Help Wanted: Immigration Paralegal
New York, NY - Exceptional and challenging career opportunities available for you at Fragomen, Del Rey, Bernsen, & Loewy, LLP a global immigration law firm. Ideal candidate will have 2+ years of business immigration experience and will be able to work in a high-volume case processing environment. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process. College degree, MS Word, and Windows 2000 required. The firm offers highly competitive salaries and excellent growth opportunities. All qualified candidates, please send resume and salary history to EOE.

Help Wanted: Immigration Attorney
Midtown Manhattan, NY- New York Immigration law firm specializing in medical immigration matters. Seeking an associate with a minimum of two years experience in immigration law, including preparing and filing O-1, EB1, H-1B, PERM and family based cases. Must have strong research, writing, communication skills and the ability to supervise others. New York State bar license required. E-mail cover letter, resume, writing sample and salary requirements to:

Help Wanted: Immigration Attorney
San Jose, CA - Littler Mendelson's Global Corporate Migration Group ("Littler Global") is a multicultural, transnational, full - service corporate migration law practice providing migration solutions for global companies around the world. Seeks associate with 3-7 years of immigration law experience. Candidate should possess excellent academic credentials and should have substantial business immigration experience. If you are interested in applying for this position, please submit your resume online. Please reference Littler Global in your application. We offer a generous benefits package to all full-time employees. Littler Global is proud to be an equal opportunity employer. No telephone calls please. No Recruiters-principals only.

Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume + cover letter in MS Word format to

Case Management Technology
At ImmigrationTracker our clients say it best: "Our criteria for choosing a solution were simple: I wanted an integrated system that was powerful but easy to use. The fact that many of my most respected colleagues use Tracker made the decision a no-brainer" Steve Clark, Managing Attorney, Flynn & Clark. While other vendors talk about bells and whistles, we talk about our track record: 13 Past AILA Presidents, 18 of the 25 largest immigration firms and thousands of immigration professionals who rely on ImmigrationTracker. While others talk about building and customizable systems, we partner with AILA's best attorneys and build it for you -- so you don't have to. If you have been promised the moon but have been left with cheese, give us a call and find out why more firms trust Tracker than anyone else. Call us for a free guided demo at 1-888-466-8757 ext. 278 or email or visit us at

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - NJ
Immigration & Criminal Law: Navigating The Minefield. Wed., Oct. 18, 2006, 6:00 PM to 9:30 PM. Ramada Inn, East Hanover. Sat., Oct. 28, 2006, 9:00 AM to12:30 PM, Clarion Hotel, Cherry Hill. Robert Frank, Esq. leads panel to discuss the immigration consequences that can result from a criminal conviction, including what can be done proactively to assist clients, and how to navigate the immigration minefield in order to achieve favorable results for clients involved in criminal matters. Presented by the NJ Institute for Continuing Legal Education. 732-214-8500. ILW.COM is a media sponsor for this event.


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:
I have the greatest respect for Immigration Attorney David Murray, and I enjoy reading his letters to Immigration Daily. However, I strongly disagree with his counter-proposal regarding granting citizenship to babies born here only if one parent is a U.S. citizen or both parents are lawful permanent residents. As a fellow immigration attorney, he's certainly aware of the many types of immigration status someone can possibly have. The US is not just divided up into "us" (citizens and permanent residents) and "them" (illegal aliens). There are also asylees, refugees, parolees, beneficiaries of family unity, temporary protected status, conditional residents, lawful nonimmigrants, people in deferred action, those with pending adjustment of status awaiting security checks, etc. etc. etc. Think of all the nightmare scenarios one could devise. For example: Betty Bad, a single U.S. citizen, gives birth here but has no idea who the father is. Her baby is a U.S. citizen. However, Bill and Bonnie Good, in valid O-1 and O-2 extraordinary and derivative spouse status, give birth to a baby here who is not a U.S. citizen. What about the child of Doris and David Desperate, both granted asylum after being tortured in their home country? How about Lucy Lucky, widowed after one-and-a-half years of marriage to a U.S. citizen, who gives birth posthumously after her husband's death? What if the parents are seeking employment-based adjustment, and DHS denies their case but that denial is successfully appealed? If they have a baby born here after the date of the denial but before the date when the appeal is granted, does their baby become a U.S. citizen retroactively? I won't go on with these multiple possibilities, but you get the point. Enforcement of jus sanguinis instead of jus solis here in the US would be a bureaucratic and logistical nightmare.

Judy Resnick, Esq.
Far Rockaway, NY

Dear Editor:
Kim Bilyou's letter (10/13/06 ID) seems to have some strong, but confusing opinions about immigration. However, I for one would like to know where, and with whom, she "checked" to reach the conclusion that "... there was a huge block of illegal Asians that are brought in daily via Asian gangs..." Making bold-faced statements about immigration that are not supported by fact or law serves no purpose in the immigration debate, and statements such as "What about Cubans. If they are not caught and step foot on our soil they are automatically citizens." is so far from the truth that one must wonder just where Ms. Bilyou gets her information and her insight on solving immigration problems in America.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I am glad to see a letter from Ali Alexander after a long interval (10/13/06 ID). With regard to proposals, such as the one mentioned in his letter and other recent letters, which are obviously intended to restrict citizenship rights of Latino, Asian and other minorities, it might be instructive to look at the experience of other countries that have taken analogous measures in the past. I quote Hannah Arendt: "Mass cancellation of naturalizations, such as the one introduced by Nazi Germany in 1933 against all naturalized Germans of Jewish origin, usually proceeded denationalization of citizens by birth in similar categories, and the introduction of laws that made denaturalization possible through simple decree, like the ones in Belgium and other Western democracies in the thirties, usually preceded actual mass denaturalization; a good example is the practice of the Greek government with respect to Armenian refugees." (The Origins of Totalitarianism, page 353, note 20). For an example closer to home of a proposal to use revocation of citizenship rights as an instrument of political, as opposed to racial, repression, one need look no further than the proposed "Patriot II" act during the Ashcroft era, which would have taken away the citizenship of any American who gave vaguely defined "material support" to a terrorist group, purely at the discretion of the Attorney General. How far down the road to a totalitarian society will the current hysteria over minority immigration, legal and illegal, lead us?

Roger Algase, Esq.
New York, NY

Dear Editor:
Responding to Mr. Murray's letter (10/11/06 ID), this is yet another attempt to conflate the Berlin Wall with a wall on the Mexican border. Now, if Mexico would only do that to keep its citizens in, then the analogy might hold. The wall is to keep them out of the US unless they're authorized to enter, something any border check is intended to do, wall or not. One might also want to check out Israel's very effective use of fences. Of course, the wall's main purpose these days seems to be to divert attention from the importance of employer verification and improved entry/exit controls, something I'm sure the business interests love. As for his comments about our "failing" educational system, I'd suggest that one reads Norm Matloff's articles on US standings in competitions. Generally, White and Asian Americans do well, but those of other minority groups do not, dragging down test scores. Could it possibly be that the immigration of many children with uneducated, non-English speaking parents, is the major problem with our schools, and that our immigration policy should recognize that by emphasizing skills, education and English-language ability rather than family ties? Mr. Murray's letter might also note that the so-called temporary worker programs to fill an ethnic "niche", such as the importation of Chinese and Indian IT workers, effectively drive Americans out of those professions because supply of labor is increased, keeping wages down. One might also note that many American students these days are interested in nursing careers - but colleges and universities are not rushing to provide the necessary slots, while medical schools are not increasing theirs for doctors either. Interest is there, but hey, why put money into educating Americans when you can get another country to do it and bring in their nurses and doctors?

Ali Alexander

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 1999-2006 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                        ISSN:   1930-062X