Pre-emption And Immigration
The state of the law on federal pre-emption of state action on
immigration-related issues may not be as cut-and-dry as many in the
immigration bar appear to believe. The general issue is that the federal
government retains the right to regulate immigration, but that is not
necessarily the case with the myriad of state regulations affecting
immigrants. Non-immigration matters affecting immigrants, such as safety,
housing, employment, etc, that have been traditionally been the subject of
state regulation, are not necessarily pre-empted by federal legislation.
When this subject was last before the Supreme Court of the US in 1976 (De
Canas v. Bica), the proponents of pre-emption did not convince the court. Even though this
was pre-IRCA, IRCA itself contains a pre-emption clause noting specifically
that licensure issues are exempted from federal regulation. Most of the
current actions by the states and local governments have concerned licensure
(e.g. housing for immigrants), and may not be pre-empted. The point is that
the state of the law on pre-emption is not a black and white matter.
This is far from being an academic issue, since immigration attorneys across
the country are being called upon by clients for advice in the wake of the
Swift raids, and similar continuing enforcement actions at the State and
Federal levels. Conscientious attorneys owe it to their clients to look at
the subject holistically and have a considered opinion as to the state of
the law, before applying it to the facts of their clients' cases.
Gary Endelman has been researching this matter for almost a year, and is
possibly the country's foremost expert on this topic. He will be speaking on
this issue in the March 8th phone session of "ICE, I-9s, States' Employer
Sanctions - What Every Immigration Lawyer Needs To Know" (discussion leader
Cynthia Lange). The deadline to sign up is Tuesday, March 6th.
For more info, including
speaker bios, detailed curriculum, and registration information, please see:
(Fax version: http://www.ilw.com/seminars/february2007.pdf
We welcome readers to share their opinion and ideas with us by writing to email@example.com.
What's New With I-9 Verification: Advising Clients In Tumultuous Times
The curriculum for the March 8th phone seminar on I-9s is as follows:
The deadline to sign up is Tuesday, March 6th. For more info, including speaker bios, detailed curriculum, and registration information, please see:
(Fax version: http://www.ilw.com/seminars/february2007.pdf.
- Best practices in completing and maintaining the I-9 form
- What voluntary government programs can employers use and what are
their pros and cons:
Basic Pilot, IMAGE program,SSNVS?
- How should a company deal with a SS mismatch letters in light of the
- How are employers using electronic signature and storage?
- What Employer Sanctions legislation is on the horizon?
- What role does Federal preemption play?
State Of The Union: The Prospects For Comprehensive Immigration Reform In 2007
Gary Endelman writes "Now back in control of Congress, Democrats pledge a revival of comprehensive immigration reform (CIR). Should we believe them?"
A Humanitarian Crisis At The Border: New Estimates Of Deaths Among Unauthorized Immigrants
Raquel Rubio-Goldsmith, et al. for The Immigration Policy Center write "For almost a decade now, there has been an unprecedented increase in the number of deaths each year among unauthorized border-crossers in the deserts and mountains of southern Arizona."
USCIS Aytes Memo On Aliens In Removal Proceedings And AOS Eligibility
USCIS Aytes issued a memo on the eligibility of arriving aliens in removal proceedings to apply for adjustment of status and jurisdiction to adjudicate applications for adjustment of status.
USCIS Publishes FOIA FastTrack Federal Register Notice
USCIS published notice in the Federal Register of improvements to its 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.
USCIS On New Biometrics Process For Conditional Residents
USCIS announced the implementation of a new nationwide biometrics process for conditional permanent residents who file Form I-751, Petition to Remove Conditions on Residence. The new process is effective immediately.
Help Wanted: Immigration Paralegal
Houston, TX (Galleria area) - Law office of Judith G. Cooper, P.C. seeks legal assistant with
experience in all aspects of employment-based immigrant and non-immigrant
law. Candidate should have excellent computer, writing, case management and interpersonal skills.
Send resume to Administrator by fax: (713)-622-8078 or e-mail CCooper@immigration-visas.com.
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 firstname.lastname@example.org.
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 email@example.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 firstname.lastname@example.org. 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 email@example.com. EOE.
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: http://aetsinternational.com/applicationforevaluationservices.pdf. 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 http://www.aetsinternational.com, or email: firstname.lastname@example.org.
Readers can share their professional announcements (100-words or fewer at no charge), email: email@example.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.
New Offices - Burlington, MA
Maged & Rost, PC, a business and family-based immigration law firm has moved its Boston, Massachusetts office to: 20 Burlington Mall Road, Suite 105, Burlington, MA 01803, the firm's new telephone number is: (781) 229-9100. www.magedrost.com.
Readers are welcome to share their comments, email: firstname.lastname@example.org (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
I must take umbrage to the accusation of Jonathan Nelson's letter (03/02/07 ID) that my viewpoints are "un-American" because my religious views are different. I marched for civil rights in the early '60's - I served my country in Vietnam in 1968 - I pay my taxes and vote. My viewpoints are not un-American. Adherence to the principles of the US Constitution and respect for the Bill of Rights and the rule of law is what it takes to be an American. I am such an American. The point of my letter (03/01/07 ID) was that reference to particular and specific religious beliefs to make a political point provides no commonality of reference and will provide no rallying point that will unify America in the immigration debate. Notwithstanding the belief of many Christians, the Bible, God and religion are not the common denominators in diverse America, and I will not kowtow to letters who claim that anything "is a prime duty laid on everybody by God" (Bruce Hake letter 02/28/07 ID). All Americans have the right to their opinions, but none of us should mandate to the other that our particular religious beliefs should be the shaping factor of American politics or immigration reform. Let us not forget the roots of our nation, and let us not forget that America is great because of its diversity of ethnicity, religion and culture, founded in respect for others, while at the same time understanding that nobody's particular religious belief mandates a greater importance than any other in shaping the ideas that will move our country into the next century.
David D. Murray, Esq.
Newport Beach, CA
In response to the letter of an anonymous ID reader (03/02/07 ID), whatever thin and temporary bulges may have been created in attorney's wallets by the 1986 amnesty cannot even begin to compare with the money that poured into the coffers of the US from taxes, and the other long lasting economic benefits derived from allowing two million people to come out of the shadows and become productive members of society. However, I have a suggestion for those who think that immigration has no other purpose than to make lawyers allegedly rich. How about simplifying the requirements for both temporary visas and green cards so that less lawyers' time and effort is required and immigration applicants can do more of the paperwork on their own? This would make it possible to reduce lawyers' fees or, in some cases, eliminate the need for our services entirely. Or, if one really wants to sock it to the immigration bar financially, how about a moratorium on deportation proceedings? Sounds worth considering, but somehow I sense gasps of anonymous (or perhaps even signed) horror coming from some ID readers. Not because of possible reductions in lawyers' fees, something most lawyers know how to live with, but because of the likelihood that simpler laws and milder punishment for violating them would lead to increased immigration, which I suspect for some reason is the real gripe behind "Name Not Supplied's" letter.
Roger Algase, Esq.
New York, NY
I agree with Ms. Bilyou's letter (03/02/05 ID) that child rapists should receive the highest punishment instead of some of the leniency they receive in several states. I am also a firm believer in the punishment fitting the crime which includes deporting anyone who enters this country illegally. If you have no right to live or work here then you should not be allowed to stay here or be given another amnesty. Congress must enforce the existing immigration laws of the US instead of playing politics to garner votes for the next election.
Responding to ID's comment (03/05/07 ID), the Minute Man are not from here or there only came to the US when the were a child and the parents never documented them therefore now they are looking to get documented and realy there are undocumented no documents from here or there.
I never get it, when some folks say 1986 amnesty was a big mistake and failure. How comes bringing people from the shadow of underground economy and hopelessness could be a "mistake and failure". These illegal immigants now open new businesses, go to schools and many of them are now good US citizens. Legalization also has brought so much extra money to US treasury by fining them and asking them to pay back taxes. I would rather give a fair chance for illegal immigrants to better themselves but not let them asking for free handouts/welfare, to prove and earn the way to be good US citizens instead of living in fear and hopelessness in the shadow. For folks who worry about their job and economic security, better write their lawmakers not to waste tax payers' money on unjustified stupid wars for special interests' profits. The world peace can only be achieved if every human beings got enlightened about love and being loved to and by others and also by letting everybody to freely trade and invest their goods, services and skills anywhere in this planet. There's no reason for Chinese to attack USA and USA to attack China if both countries invest in each other countries and have interest in each other countries. It's a stupid suicide. We can use that money into developing domestic clean renewable energy, empowering our schools and universities and providing low cost even free health care for our citizens and make us ready to compete globally without asking for nanny state protection.
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 email@example.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.