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Immigration Daily December 26, 2006
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Santa Not Welcome

To illustrate the absurdity of Hazelton's new "zero tolerance" policy towards undocumented aliens, an activist has launched a public awareness campaign called "No Santa For Hazelton". To visit the website, see here. To view the 30-second ad spot, see here.

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


The Indispensable All-In-One CSPA Handbook - Shipping Now!

ILW.COM is pleased to present the Child Status Protection Act Handbook by Charles Wheeler of the Catholic Legal Immigration Network (CLINIC):

  • Chapter 1: Overview Of Age Out
  • Chapter 2: Overview Of The CSPA And Implementation
  • Chapter 3: The CSPA And Family-based Visas
  • Chapter 4: The CSPA And Employment-based Visas
  • Chapter 5: The CSPA And Diversity Visa Lottery
  • Chapter 6: The CSPA And Asylee/Refugee Processing
  • Chapter 7: The CSPA And VAWA
  • Twenty-four Appendices
  • Numerous CD-ROM Resource Materials
For more info on the Child Status Protection Act Handbook, and to order, see here.


The Office Of Special Investigation's Prosecution Of World War II Nazi Persecutor Cases
Adam S. Fels writes "For the first quarter-century of its existence, the Office of Special Investigations (OSI) was tasked solely with detecting, investigating, and taking legal action to denaturalize and/or deport individuals who, in association with the Nazi Government of Germany and its allies, ordered, incited, assisted, or otherwise participated in the persecution of civilians because of race, religion, national origin, or political opinion."


DOL Requests Comments On Occupational Code Assignment
The Department of Labor extended the period for comments on the Occupational Code Assignment, which is designed to help users relate an occupational specialty or a job title or to an occupational code within the framework of the O*NET-SOC system.


Help Wanted: Immigration Attorneys
Fragomen, Del Rey, Bernsen & Loewy, LLP seeks three mid-level associates to join its research and policy group in its New York and Washington, DC offices. The NY position requires 3-5+ years of business immigration experience, a proven track record as writer on immigration issues, and the ability to work under pressure. The DC positions require 3-5+ years of business immigration experience, policy analysis background, excellent writing skills, and knowledge of legislative and regulatory process. Experience on Capitol Hill, in an immigration agency, or with an advocacy/policy organization a strong plus. Superior academic credentials, excellent verbal, written, and interpersonal skills required. EOE. Please submit cover letter, resume, law school transcript, and writing sample to: Jacqueline V. Guynn, Esq. Recruiting Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, 99 Wood Avenue South, 10th Floor, Iselin, NJ 08830.

Help Wanted: Immigration Paralegal
Hughes Socol Piers Resnick & Dym, Ltd., a 30 attorney Chicago firm, seeks paralegal to join its immigration practice group. Our practice serves a diverse clientele with business, family, and removal immigration services. Ideal candidate must have 1+ years of substantial experience in any of the following: employment-based or family-based immigration and/or removal/deportation defense. Successful candidate must be highly motivated, detailed-oriented and have excellent written and oral communication, case management, and computer skills. Spanish or Arabic fluency preferred. Please email resume + cover letter explaining interest to:

Help Wanted: Immigration Paralegal
Miami, FL - Leaf Koerner, a highly regarded business immigration law firm, seeks an experienced immigration paralegal. Must have minimum of 4 years of corporate based immigration experience. Must be able to work with Immigration Tracker case management software, prepare, track, and manage cases in process. College degree, MS Word, and Windows XP required. The Firm offers competitive salaries and benefits. Please send resumes to

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

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.

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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:
I feel compelled to respond to David Murray's letter (12/22/06 ID). First, it's clear that Mr. Murray has not closely read my scholarly work on the subject of undocumented migrants in the military (12/22/06 ID). If he had, he would have noticed that my work is all heavily footnoted, with citations to all the relevant laws. Mr. Murray should not call a scholar's work "slipshod" or sensational unless he can provide contrary citations. Second, all of the statements made about the law and Mr. Rascon can be confirmed by the testimony of various witnesses before the Senate Armed Services Committee at its hearing in Miami, Florida, on July 10, 2006. I invite you to read the hearing testimony. For decades, US law has provided that undocumented immigrants in the US are (1) required to register for Selective Service; (2) subject to the military draft, if there is one; (3) permitted to enlist in the US military during wartime; and (4) permitted to apply for US citizenship if they have served honorably during wartime. They do not get "green cards" for serving honorably during wartime; they get US citizenship - provided that the President has issued an executive order allowing this, which President Bush did in July 2002. Current law allows the Service Secretaries to enlist any individual, in wartime or peacetime, regardless of immigration status, if the Secretary concerned determines that the person's enlistment is vital to the national interest. Yes, Mr. Murray is wrong.

Margaret Stock, Esq.

Dear Editor:
Responding to Mr. Murray's letter (12/22/06 ID), see Immigration and Nationality Act section 329. See also In re: Petition for Naturalization of Angel Manuel Grajeda, EP-84-DA-234 (Feb. 6, 1985). Federal Judge Harry Lee Hudspeth ruled that Mr. Grajeda could avail himself of the special provisions for Naturalization for those who served during times of hostilities even though he had enlisted under a false name and birth certificate. Key to the case was his excellent service record, the fact that he was allowed to stay in the army for roughly two years after the true facts were discovered, and that he received an honorable discharge, demonstrating to the Judge that he was a person of good moral character. The decision appeared in the Newsletter of the Texas Chapter of the American Immigration Lawyers Association in 1985. The attorney was the late Nelson Smith of El Paso. The case may have been appealed to the 5th Circuit but I do not know the outcome. INA section 329 doe not require that the person be legally on U.S. soil when enlisting but merely that they be on U.S. soil "at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, American Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service...." As you whether Alfred Rascon was an undocumented immigrant when he enlisted such is widely repeated over the Internet and appears to have come from his testimony before the Senate Armed Services Committee in Miami Florida in July 2006. Another person testifying that day was Prof. Stock so I'll let her confirm whether that is from where the statement comes.

Eugene J. Flynn, Esq.
Dallas, TX

Dear Editor:
Responding to the comment (12/22/06 ID), I tried to legally analyze the case. I should say that most of the grounds for exclusion and deportation are identical, with the latter covering acts committed after the alien's entry into the US." 241(a)(1) (A) of the INA 8 USC 125(a)(1)(A) specifically mentions that main one ground for deportation is the alien's excludability at the time of entry." The grounds for exclusion are incorporated into the deportation grounds and can lead to the alien's deportation if one of the grounds was applicable at the time of the alien's admission to the country. This rule is of great consequence as the grounds for exclusion apply every time when an alien seeks admission to the US, even if he/she is a longtime permanent resident. Ms. Alvarez case is coming under one of the nine categories for exclusion and deportation under the 1990 Act and that is - 'grounds relating to illegal entrants and immigration violators'. She has to go for appeal (which she might already retorted) against the order of Deportation citing the Miscarriage of Justice and the concept of audi alteram partem that is Rule of Fair Hearing. She has to prove beyond doubt that she is a bonafide lady immigrants if not citizen by showing her various documents of paying taxes etc. along with that she has to stress on the fact that she failed to turn up not because of any other reason but that the notice never delivered to her proper address. The note on the envelope "Attempted --Not known" shows this fact. Ms. Arevalo has to show that she is taking care of her duties and responsibilities in the residing country unlike other illegal immigrants.

Ritesh Kumar
Adnet Services, Inc.

Dear Editor:
I would like to know why people think that this particular" model citizen shouldn't be sanction by our currents laws and put her children as an excuse (see 12/23/06 ID). She filed an Asylum application that I am sure was false and try to get away with her lies. She knew she was illegal in this country and decided to have two children. Is her responsibility to support her children not the Government. I f i have a traffic ticket and do not show up in court a warrant will be issue and of course I run the risk of being arrested, if I have the money or not, or If I have kids or not, or if I change my address or not if my responsibility to pay it or at least have the decency to show up in court. She should be send back with her kids and maybe next time she should go to another country or maybe just move to another city in her country and be happy with her responsibilities.

Just An Opinion

Dear Editor:
The only thing leading to "resentment & further mistrust of government" is people like Governor Vilsack who think importing poverty, crime & disease from the third world is somehow a good thing for America (see 12/21/06 ID comment). Of course, the Governor has an income that spares him the effects of his misguided policies so why should he care? Im sure he knows that the peasant class he seems so determined to create will always be kept at arms length. It would be nice if our political leaders cared more about Americans than Mexicans ... for a change.


Dear Editor:
David Murray's letter (12/22/06 ID) raises a significant issue. The fact is that the US military can accept undocumented aliens as recruits when the US is in a declared state of war. Despite what President Bush repeatedly says about the US being involved in a war against terrorism, no such war has been declared by Congress. Until that happens or some version of the DREAM Act is signed, the thousands of undocumented aliens who would happily join up won't be able to - except in those rare cases where the US Army processes a waiver for someone with needed skills, e.g. computer networker or where the recruiting process slipped up and the undocumented status was not revealed until long after the fact. Personally, I think it would be a good idea to decide whether we are at war before we recruit thousands more troops to Iraq which has not even been declared a "police action."

Paul Good

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                 ISSN:  1930-062X