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Immigration Daily March 1, 2007
Previous Issues
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Comment

Jim Crow For The 21st Century

DHS Secretary Chertoff and DoC Secretary Gutierrez appeared on February 28th before the Senate Judiciary Committee to kickoff the comprehensive immigration reform battle in Congress. An interview of Sen. Sessions by the Decatur Daily sheds light on the key issues in the forthcoming Congressional debate. Sen. Sessions's frank comments on immigration illustrate the core issue: what to do with the millions of the undocumented already here and what ideological viewpoint should shape how we address future entrants to our borders?

Sen. Sessions on what to do about the undocumented: "You don't get everything ... but some things ... You don't get to be a citizen; you don't get every social welfare benefit that we give ... Health care, OK. Your children go to school, OK. You can drive the highways, OK ..." (What some like Sen. Sessions seem to want is a tiered, class-based society - what can fairly be regarded as Jim Crow for the 21st century.)
Sen. Sessions on Malthusianism: "We cannot serve the interest of every poor person in the world. The numbers are just too huge." (Those who believe that open borders will lead to hordes of immigrants should see here).
The historic debate has begun.

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


Focus

Lory Rosenberg, Robert Divine, Angelo Paparelli

ILW.COM is pleased to bring noted scholars Lory Rosenberg, Robert Divine, and Angelo Paparelli, together with a host of immigration law luminaries, at 3 action-packed workshops in New York City in the last week of March. Sign up now to avoid paying the full price. Highlights are as follows:

Fighting Crime: A Workshop for Immigration Lawyers features a veritable who's who in the interdisciplinary area of immigration law and criminal law (includes Lory Rosenberg, Dan Kesselbrenner, Angelo A. Paparelli, Judy Rabinovitz, Laura Rhodes, Manny Vargas, and others). For more info, please see here:
http://www.ilw.com/workshops/march2007crimes.shtm

Nuts And Bolts Of The Immigration Process features Robert Divine, the highly regarded author of "Immigration Practice" who served, by Presidential appointment, from July 2004 until November 2006 as the first Chief Counsel of USCIS (also includes many noted speakers to be announced). For more info, please see here:
http://www.ilw.com/workshops/march2007process.shtm

Solving Complex Immigration Challenges While Super-Charging Your Career and Your Law Firm features some of the finest speakers in immigration law marketing and practice management (includes Angelo Paparelli, Jonathan C. Adams, Ari Kaplan, Rich Klein, Christina LaBrie, Carolyn S. Lee, Andrew R. Lerner, Joel Roberts and Paige Stover Hague). For more info, please see here:
http://www.ilw.com/workshops/march2007challenges.shtm

Don't delay, sign up today and save before full prices go into effect! See below to get more info:
http://www.ilw.com/workshops/march2007crimes.shtm http://www.ilw.com/workshops/march2007process.shtm http://www.ilw.com/workshops/march2007challenges.shtm


Article

Way Off The Mark In Denying PTI To Undocumented Aliens
Mitchell Ignatoff, Esq. writes "A recent [NJ] Appellate Division decision barred admission by undocumented aliens into the pretrial intervention program and, in so doing, ignored state and federal law."


News

$19,000 Awarded In Attorneys Fees In Mandamus Victory
In Aboushaban v. Mueller, No. C 06-1280 BZ (USDC. Feb. 23, 2007), the court awarded $19,086.92 in EAJA fees and costs for a writ of mandamus directing the USCIS and FBI to adjudicate Plaintiff's pending I-486 application (courtesy of Kip Steinberg, Esq.) Editor's note: For the previous Immigration Daily Featured Article on this story, see here.

USCIS Establishes Special FOIA Processing Track For Individuals Appearing Before IJ
The USCIS announced improvements to the processing of Freedom of Information Act (FOIA) requests from the general public by establishing a third processing track for individuals appearing before an immigration court.


Classifieds

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. Please email resume + cover letter in MS Word format to Marcia N. Needleman, Esq. at mneedleman@levittandneedleman.com.

Help Wanted: Immigration Attorney
San Francisco, CA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member, and have at least two (2) years of post JD experience. Applicants must submit resume + writing sample not to exceed 10 pages. Send cover letter, resume, + writing sample to James.Butcher@dhs.gov. All submissions must be received by close of business Tuesday, March, 6, 2007. GS14-GS15 levels and is open until filled. No relocation reimbursement available. For more info, key in Job Announcement Number: CIS-COU-2007-0002 at USAJobs.com.

Help Wanted: Immigration Attorney
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, seeks experienced immigration attorney with significant employment-based immigration experience, including PERM labor certifications. Laner Muchin successfully recruits quality candidates on a national basis. We provide opportunities to handle challenging responsibilities and exciting projects; have highly competitive salaries and benefits; informal, unpretentious office atmosphere; and demonstrate an excellent record of elevating associates to partnership. Position requires excellent academic credentials, 3+ years substantial experience in all aspects of employment-based immigration and strong case management, communication and writing skills. Spanish, Japanese, Chinese, Korean and/or other foreign language fluency a plus. Ideal candidate must be client-service focused and thrive in a challenging and fast-paced environment of congeniality and respect. Only qualified candidates will be considered. E-mail cover letter + resume to immigration@lanermuchin.com. We are an affirmative action/equal employment opportunity employer. Women and minorities encouraged to apply.

Help Wanted: Immigration Paralegals
Chicago, IL - Laner Muchin, one of the nation's oldest labor law firms, has openings for full-time U.S. immigration paralegals. As part of our philosophy of providing cost effective counsel, whenever legal tasks can be done by a paralegal, the client benefits. Our paralegals have the opportunity to contribute to a growing immigration practice and do challenging work. Ideal candidates must have 1+ years of substantial experience in employment-based immigration, including substantial PERM labor certification experience. Successful candidates must be highly motivated, detailed-oriented and have outstanding communication, case management, computer and people skills. College degree required. Chinese, Korean, Japanese and/or other foreign language fluency a plus. Competitive compensation package + excellent benefits offered. E-mail cover letter and resume to immigration@lanermuchin.com. We are an affirmative action/equal employment opportunity employer. Women and minorities are encouraged to apply.

Help Wanted: Immigration Attorneys
Iselin, NJ - Fragomen, Del Rey, Bernsen & Loewy, LLP, the leading global immigration law firm, seeks associates, with 3+ years of business immigration experience and an interest in Global and International Immigration and Case Management, to work in its International Operations. Candidates must have experience representing multinational corporations (US and foreign), specialized workers and individuals. Must be ambitious and capable of demonstrating excellence in a congenial team environment. Outstanding academic credentials, superlative communication and writing skills are a prerequisite. Multilingual preferred. Fragomen offers a competitive salary and an excellent benefits package. Please send cover letter, resume, law school transcript, + writing sample to recruitment@fragomen.com. EOE.

Help Wanted: Immigration Attorney
Arlington, VA - Small, collegial immigration law firm seeks qualified attorney with 2 years+ of solid immigration experience in all phases of immigration practice emphasizing business needs such as H's, L's and labor certifications. Excellent compensation package and competitive benefits offered. Opportunity for partnership within two years of serving as an associate. Candidate must be enthusiastic and possess excellent communication skills (verbal and written). Individual must be a go-getter with the ability to bring in business. Ideal candidate is an individual imbued with professionalism and tempered with compassion. Interested candidates, send resume to Samuel Levine: levine@visa-usa.com.

Help Wanted: Immigration Professional
Natick, MA - The MathWorks is the leading developer and supplier of software for technical computing and Model-Based Design. Employing more than 1,400 people, The MathWorks was founded in 1984. The company has been profitable every year since its inception and is privately held. We are currently recruiting for an Immigration Specialist. The Immigration Specialisht will oversee our immigration programs and will have the oppportunity to participate in recruiting related programs. Successful candidate will have: proficiency in Microsoft Windows products, 3 yrs. of relevant work experience in immigration or human resources, strong knowledge of immigration law and overall immigration practices, experience managing immigration practices including H-1Bs, F-1s, green cards, etc. For job details (#4736-DC), see here. Interested applicants, send your resume to doug.cohen@mathworks.com.

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.


comingsNgoings

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

Shareholder - Phoenix, AZ
Leslie Abella Dahan has been elected shareholder of Littler Mendelson, P.C. Leslie practices in the firm's Corporate Global Migration Practice Group and is based in Phoenix, Arizona. ssheridan@littlerglobal.com. www.littlerglobal.com.


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:
I agree with my good friend David D. Murray's letter (02/28/07 ID) that amnesty is not the ideal solution to our problem of unauthorized immigration, but, until our politicians are willing to stand up to, instead of inflaming, popular prejudice, and make enough visas available to meet demand for both skilled and unskilled workers, we may have to make do with some form of amnesty, faute de mieux (pardon my French). It is a mantra among many people on both sides of the immigration divide that the 1986 amnesty was a failure. I represented a number of amnesty applicants at that time, and if this amnesty was a failure, let us have more failures like it. The 1986 amnesty legalized some 2 million people and made productive citizens or at least residents out of them. This was the real spirit of America. Its biggest failure was that due to INS bungling, there was not enough outreach to the most affected groups. Otherwise 3 million, instead of 2, might well have been legalized. OK, so it didn't end unauthorized immigration. But I didn't hear this argument used very often when the AA-1 visa lottery program in the early 1990's gave away tens of thousands of green cards to Irish, Polish and other "illegal" immigrants from Europe with nary a peep from the anti-immigrant camp. Where were Lou Dobbs, Patrick Buchanan, Dan Stein and the rest of the anti-immigrant lobby then? Seems that amnesty will only cause the world to come to an end if people of color benefit from it.

Roger Algase, Esq.
New York, NY

Dear Editor:
Although I can appreciate the tongue-in-cheek humor of Bruce Hake's letter stating that ID stop publishing letters from "illegals" (ID 02/28/07), I cannot agree with the rest of Mr. Hake's letter, which in essence seems to condone the breaking of laws by foreigners on the basis that American citizens speed in their SUV's and cheat on their taxes. Notwithstanding any intended humor, such an attitude would ultimately result in anarchy, if carried out to its final conclusion. I suggest that Mr. Hake's letter's mandate that protection of widows, orphans and foreigners "is a prime duty laid on everybody by God", and his letter's reference to a quotation from the Christian Bible, would better be propounded from the pulpit than the pen of a lawyer. I further suggest that religious views, axioms and anecdotes not be used to further any point of view in the immigration debate, recognizing and respecting that, not every American is a Christian and not every American believes in God.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I still don't really understand why people can't seem to understand that Mexicans are not by far the only undoccumented people in this country. Because of their numbers and skin color they do make themselves an easy target. Is this fair? I know of one mexican who is hear legally documented, he went out after work and got pulled over and obtained a dui and lost his liscence forever. Now I know where I stand on drunk driving, he should have lost his lisence but in the same note so should every other person who does it. because of his ethnicity he can never drive again. How many native borns light skinned & english speaking were given third and fourth chances to get killing someone under the influence right? How Can you say that the problem lies in where working mexicans send there money? Are we fed current true facts on other nationalities that support families afar or do we simply just believe what we read or hear in news statistics? Or because they blend in easier do we set the president by looking the other way. This country got its nickname as the melting pot for what reasons? Why is it that crossing the border to enter this country more of an offense then giving a child rapist the chance at another victim? Why is it we think that an undocumented person sending money he worked for home to his kids more obtrrusive then the thousands of deadbeat dads who would rather loose their liscence and sit in jail at our expence more of a crime? maybe thats why this country should be a better example of how to obey the laws that we try to tell other nationalities they must abide by while here.

Kim Bilyou

Dear Editor:
In response to Mr. Murray's letter (See ID 2/28/07), I think it is within reason to draw a parallel between the economic refugee who breaks US immigration laws by entering this country without inspection and the man on a boat at sea in a violent storm who trespasses on private property in order to seek refuge. While the person is held accountable for the damage caused, his breach of the law is characterized as an act of necessity. The act of trespass itself is condoned. Economic refugees act out of necessity. Many give their lives in a desperate attempt to provide for their families. Mr. Murray's letter concedes illegal aliens may be "well-meaning," but his letter ought also recognize they are desperate. If those who find fault with individuals who cross this border illegally were themselves living in penury and forced to choose between illegally crossing a border or watching their families suffer, I am hard-pressed to believe they'd opt for the latter. US visas aren't so easy to come by these days. In response to Ms. Greenberg's letter (ID 2/28/07), it is incumbent upon an IJ to treat those in his courtroom with respect at all times. Being a judge is an honor that cannot be taken lightly. IJs, like Article III judges, need to be held to the highest standard. They will make mistakes in their judgments, for which they should be forgiven. An IJ, however, should never be forgiven for disrespecting and/or ridiculing a non-citizen appearing in his court.

Michael Eatroff

Dear Editor:
I fully agree with the views what Mr. David D. Murray expressed in his letter (ID 02/28/07). "America is a nation of laws, and illegal aliens break our nation's laws". Surely no American would like nor tolerate own land's laws being violated by aliens. President Bush seems to legalize illegals presently living in America through comprehensive immigration reform. That is why he is always speaking in favor of comprehensive immigration reform bill. He says that he is not in favor of "amnesty", but seems to like very much to legalize illegals. To legalize illegals is also a kind of amnesty. What surprises us that how President Bush could not understand that once these illegals are legalized, it will invite further wave of illegal immigration and in another twenty years' time we will have double illegals than what we have now . Mr. Murray rightly says in his letter that " There is no doubt America needs immigrant workers, but America does not need, nor can it tolerate illegal workers." In FY 2005 American consulates abroad issued about 50 million non-immigrant visa. Therefore, it is sure that there will not be any problems in issuing legal worker visas as many as required by American employers. There are millions of people in Asia who would like very much to work in America legally, and are ready to return to their respective countries after their term is over. It is high time that Congress should think about this.

Narsingh

Dear Editor:
If US banks, landlords, airlines etc must check and play as federal immigration agents about the legal status of their good paying customers, what will be next ? Chinese restaurant owners must check customers' green cards before ordering a chicken lo mein. Illegal immigrants are humans too, if they are paying customers they have right to purchase any goods and services they want. Illegal immigrants can only get secured credit cards and mortgages secured by the value of their properties, they pay higher interests and fees on them. It's not a welfare. This kind of childish hysteria is getting too much, personal and ridiculous. Our homeland security can be improved tremendously, effectively and cheaply by enlighment to Islamic world to stop using religion as pretext to annihilate, reject, persecute, discriminate and abuse human rights of others whether they're muslims from different sects or non muslims. A neutral secular democratic regimes who separate the mosque/church and state not the Sharia is the key in stability from Algeria to Indonesia. What we need is weapon of information and enlightment to fight the weapon of false and hateful propaganda used by those fanatics to brainwash so many innocent souls in this planet.

Robert Yang


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 1995-2007 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                        ISSN:   1930-062X


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