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Consular Corner: May 2008
Liam Schwartz writes "Are you smarter than a junior consular officer?"
Bloggings: May 29, 2008
Greg Siskind shares the latest entries to his blog.
To submit an Article for consideration, write to email@example.com.
USCIS Modifies Form I-821
USCIS announced that it has revised the Application for Temporary Protected Status (Form I-821). The new form becomes effective on June 27, 2008. Previous versions of Form I-821 will be accepted until June 26, 2008. See the USCIS announcement here, and see the Federal Register notice here.
Help Wanted: Immigration Paralegal
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Help Wanted: Immigration Paralegals
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Help Wanted: Immigration Attorney
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Help Wanted: Immigration Paralegals
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A Corrupt And Broken Immigration Policy
The entire mess that constitutes U.S. immigration “policy” is summed up in the mass raid on undocumented aliens at a meat-packing plant in Postville, Iowa.
A Risky Trip? Officials Say Fewer Central Americans Immigrating
Broke and hungry, several Central Americans begged for food and impatiently scanned oncoming traffic from their perch on a dusty roundabout in Reynosa, waiting for a truck that might pick them up for a day's work.
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Immigration Event - Arlington, VA
June 11 - USCIS announced a meeting on the President's FY 2009 Refugee Admissions Program on Wednesday, June 11, 2008 from 3 p.m. to 5 p.m. The meeting's purpose is to hear the views of attendees on the appropriate size and scope of the FY 2009 Refugee Admissions Program. For more info, contact Delicia Spruell, PRM/Admissions Program Officer at (202) 663-1006.
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.
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David Nachman, Esq.
Some large immigration law firms cut costs by outsourcing their work to companies overseas, primarily India. I have long been against this practice and have previously questioned the ethics of outsourcing, with or without first informing the client and gaining their written consent. Apparently I am not alone in my concerns. According to a federal lawsuit filed by a Bethesda, Md. firm, outsourcing legal support services overseas could jeopardize client confidentiality, a position I have, for several reasons, taken from the onset. The complaint for declaratory judgment and injunctive relief states that it seeks a declaration knowing that foreign nationals who reside overseas lack Fourth Amendment protection and acknowledging that the United States government engages in pervasive surveillance of electronically transmitted data. Naming President George W. Bush as a co-defendant along with Acumen Legal Services of India and its U.S. subsidiary, Acumen Solutions of Houston, Texas, the lawsuit claims foreign companies have no presumption of privacy, because the National Security Agency is free to spy on them without constitutional constraints, the lawsuit seeks a ruling on the outsourcing of privileged client data that may be subject to eavesdropping by the U.S. government. The lawsuit seeks a ruling from the court on the issue of whether outsourcing of legal services compromises constitutional rights, and whether consent should be required before such data is sent abroad. It also wants the court to order law firms to disclose their use of foreign legal support and to order that the government establish protocols to shield attorney-client information from surveillance. We know "Big Brother" is watching us; the question is, will immigration lawyers allow him to watch their clients - just to save a few bucks?
David D. Murray, Esq.
Newport Beach, CA
I wrote an article about the recent raid in Postville, Iowa. I am
considering sending it to ID for publication but I am concerned about ID's
On a previous letter of mine, ID's edit resulted in a misrepresentation.
Well, has ID changed and become ethical or is it still carving up
letters to suit its purpose?
Jim Daly, Esq.
Santa Barbara, CA
Editor's Note: Immigration Daily is a newspaper serving the immigration law community, and like all newspapers, we are bound by the libel laws. When necessary we edit correspondence, inter alia, to comply with the libel laws. In so doing we try to preserve as much as we can of the original meaning of the plain language of the letter writer. We encourage our correspondents to resubmit their views in follow-up letters if they feel that our editing may have altered the intention of their original letter. Provided such follow-up letters do not trigger libel or other customary publishing concerns, we always publish such follow-up clarifications. We always encourage article submissions by our readers.
I have grown used to reading a number of extremist, restrictionist letters in ID. However, I have never up until now seen a letter as shocking or outrageous as the latest one from Jim Roberts (05/28/08 ID) suggesting that the notorious anti-Semitic forgery "Protocols of the Learned Elders of Zion", has never been disproved and may even be valid. When I saw this sentence, I fully expected to see at the bottom of the letter, not the name of an American, but that of Mahmood Ahmedinejad, who denies a Holocaust that was due in large part to the poison spread by the "Protocols", which purported to show that the Jews were plotting to take over the world. However, Mr. Roberts' letters are not the only examples of attacks against both Jews and Mexicans coming from the same source. In our own time there are David Duke and Patrick Buchanan, who are also notorious for their attacks on both groups. Going back to the 19th Century, there are the writings of one of the greatest composers and worst bigots of all time, Richard Wagner. In his essay, "Religion and Art" (Ellis translation, p. 265) Wagner combined his usual vicious anti-Semitic slurs with an openly racial attack on Mexicans' alleged skin color that is too vile to repeat verbatim in an ID letter. Did Wagner anticipate today's immigration debate? In any event, Mr. Roberts' latest letter's attempt to defend one of the most notorious anti-Semitic documents in 20th century history has no place in an ID discussion. His letter should be strongly condemned by all ID readers, immigration advocates and restrictionists alike.
Roger Algase, Esq.
New York, NY
Regarding ID's comment "work is criminal in Mississippi" (04/29/08 ID): Doesn’t Mexico have a similar law?
If immigrants cannot legally qualify for work why wouldn’t working be an offense. It would be difficult to impose a fine on such illegal work. Upon release the person would simply move on to another job or go over the border. Such law violations deserve jail time.
It is time American’s stood up for legal persons seeking to earn a living at a decent wage.
Too often employers prefer illegal immigrants because they work for less. For the good of all Americans such employment must stop!
The Villages, FL
Regardign Mr. Murray's letter (05/27/08 ID): Credit card companies computers can approve or deny ones' credit application in just 30 seconds. We live in 21st. century and digital information age not the good old grandpa's day. USCIS millions backlogs are unacceptable and ridiculous especially when we consider their exorbitant fees in exchange of sloppy service that immigrants received. If USCIS were a private company with so many other competitors, it will loose businesses and be left behind by its customers and go bankrupt. Many immigrants are required to follow so much unnecessary red tapes and repetitive processes that waste so much time and creating frustration. We need a smarter and sensible immigration system, we can outsource the verification of visitor visas' bonafidity and background checks to reputable travel agents and banks to act as their guarantors. There's no way that 60 seconds visa interview in the US consulates can review thoroughly applicants' bonafidity and likeliness that they will violate the terms of their visits. We need to cease the family based chain immigration system and replace it by skills and merits based, we must require all immigrants be fluent in English, healthy, skilled, self sufficient, in their productive age and of good moral characters. We need immigration laws not to please the xenophobes and protectionists who feel that sealing of the border is the way they may take anything for granted for being Americans, but of common sense and fairness.
I've never been simultaneously upbraided for not understanding that I am really anti-democratic by someone, Janet Fitzgerald's letter (05/28/08 ID), which has such contempt for representative government that it refers to "targets of our precious exportable democracy". One of my favorite memories was helping to knock over a "people's democracy" in 1989 so that folks could have actual contested elections, among other goods. Those elections also happened to require hard to falsify voter ID. The reason voter turnout is low in the US is not that we suppress the vote by making people who have the right to vote think they cannot, it is that Congressional districts (and, for that matter, many state boundaries) are not drawn competitively. That said, even gerrymandered first past the post districts produce more satisfaction with government than proportional representation which may increase turnout but tends to enhance rancor (c.f. Italy, or the Democrat primaries). As for "purple thumbs", great, but then one has to eliminate absentee voting and require that all votes take place on the same day. No more runners going into nursing homes to "certify" the "votes" of people they threaten or manipulate, or folks running down people with psychiatric illnesses living in group homes or projects and telling them their benefits will be revokes if they do not sign on the dotted line (I've had the stomach churning experience of uncovering both practices in the past). Of course, that would be monumentally unfair to Americans overseas or those unable to move about, so I'll agree with the Carter Center and take the US system, with strong voter ID provisions - thanks.
Recent ID letters have faulted restrictionists for the mere reciting of
crime statistics of illegals with charges of "prejudice", "hatred",
"persecution", "vicious", "abusive" and "racist". Obviously, a primer
on Racism is in order. AZ writer Craig Cantoni enlightens in his
article: "Racist and Racial are not Synonyms": "A racial comment is a
comment about race, whether negative, positive, neutral, factual, or not
factual. A racist comment is a comment that reflects a belief that a
given race is inherently inferior to another race". He gives a pop quiz
to understand the distinction with the odd #'s racial and the even #'s
racist: 1. The Mafia, the Costa Nostra, and Tony Soprano have their
roots in Sicily. 2. Northern Italians are born smarter than Sicilians.
3. African Americans have the highest rate of out-of-wedlock births. 4.
African Americans are genetically predisposed to having uncontrollable
libidos. 5. Asians outscore other minorities on placement tests. 6.
All Chinamen can't be trusted. 7. Ninety percent of the illegal
immigrants in AZ are Mexicans and that their children have a dropout
rate of 50 percent. 8. Mexican immigrants don't have the brains to
learn English. Mr. Cantoni further asks if one who uses "racist" as a
synonym for "racial," is a moron or a race monger? Mr. Cantoni
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