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Immigration Daily July 30, 2009
Previous Issues
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Comment

ABA Membership Shrinking

According to a story in law.com, the ABA, which already represents less than half of the attorneys in the US, is shrinking even further. The report says: "The association is tracking member revenue on a daily basis and so far expects a decline of between 2,000 and 4,000 members this year, [the ABA President] said in an interview. That's down from 408,000 at the end of the last fiscal year on Aug. 31, 2008." This recession is a challenging time for all, as witness to which point: at a recent immigration non-profit workshop in NYC, we heard reports that these non-profits were cutting salaries and laying off staff, just like law firms. While the ABA's problems are understandable, there is an irony for immigration-related organizations, whether law firms or non-profits, in that Congress is closer than it has ever been in this decade to passing a large benefits bill, and it is difficult for many to hold the line, or, in some cases, even to hold on. For those who can hang in there, better days may be just a few months away.

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


Focus

Today Is The Deadline For Withholding And Reporting

Wednesday, July 29th is the deadline for the Thursday, July 30th phone session of "US Tax Compliance", the curriculum is as follows:

  • Why special withholding rules apply to NRAs
  • What special wage-withholding rules can apply
  • When FICA exceptions apply
  • Who can claim tax treaty benefits
  • What special reporting rules apply
  • What the IRS is looking for on audits
Wednesday, June 29th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/200916.shtm. Fax form: http://www.ilw.com/seminars/200916.pdf. Don't delay, sign up today.


Articles

Consular Corner: July 2009
Liam Schwartz shares 9 visa interview pet peeves.

Migration, Markets, And Governments
Stephen Davies for the Foundation For Economic Education writes "Migration, the movement and resettlement of people, is one of the universals of history."

Bloggings On Immigration Law And Policy
Greg Siskind writes "While I think the US immigration system is badly broken and we are wasting tremendous resources fighting the wrong battles, I have a deep respect for those in the US Border Patrol who are acting in service to their country and often putting their safety at risk."

To submit an Article for consideration, write to editor@ilw.com.


News

Library Of Congress Comparative Report On Passport And Visa Requirements
The Library of Congress provides a comparative analysis of passport and visa identification requirements for Argentina, Australia, Bahamas, France, Germany, India, Iran, Israel, Lebanon, Mexico, Nicaragua, Russia, Sweden, the United Kingdom, and Zambia.


Classifieds

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, TrackerCorp is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email sales@trackercorp.


Headlines

Immigration Agendas Hidden
I recognize and I think understand how immigrants and those close to them react strongly against what they perceive as racial bias and intolerable intolerance of immigrants.

Push For Immigration Reform Shouldn't Wait
With the Democrats in firm control of Congress and the White House, U.S. Sen. Charles Schumer is serving as point person for immigration reform and is showing no indication of wasting time.

Illegal Immigration: A Victimless Crime?
Is Illegal Immigration a victimless crime? Not hardly.

Utah Law Firm Indicted In Case Of Visa Fraud
A federal indictment brought Tuesday against a local immigration attorney and his associates came as no surprise to the community of people who work as advocates for Utah's immigrant population.


comingsNgoings

Readers can share professional announcements (up to 100-words at no charge), email: editor@ilw.com. To announce your event, see here

New Offices - New Orleans, LA
As of August 1st, 2009, The Law Offices of Brenda J. DeArmas Ricci's new address will be: 400 Poydras Street, Suite 2375, Poydras Tower, New Orleans, LA 70130. [updated Ed. 07/29/09 ]


Letters

Readers can share comments, email: editor@ilw.com (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Robert N. Gottfried's letter (07/29/2009 ID) reveals he has never seen a US worker employed based on a labor certification ad. Only once in 30 years did I have an employer who hired an ad respondent, and in addition, they hired the alien. There now is such a shortage of qualified personnel, the same employer wants to know if we can run the same labor certification ad in various cities throughout the US, not tied to labor certification. While amidst this current recession, there may be severe unemployment in some geographic areas, and in some occupations, there are shortages in others, particularly in fields that require experience. Unemployed high school graduates do not normally compete for labor certification jobs. I don't understand what Mr. Gottfried's letter means that the DOL should "determine if there is a labor shortage for a particular position in a given geographic area". Is that not what they have always done and continue to do now? Experienced immigration lawyers know the labor certification process is a sham, designed by the government to placate unions and make the general public feel DOL is taking a strong stance to insure American jobs. This is not the case. Instead, the labor certification process is a mish-mash of nonsensical burdensome rules and procedures that in the end correctly certifies the vast majority of jobs, costing US employers an arm and a leg and much frustration and delay. The entire concept of labor certification has proven useless and should be abolished. If Americans were truly seeking jobs that needed protection, there would be no jobs for illegals. Employment based visa quotas should be raised substantially and the free market system to which Robert Yang's letter so often refers should be allowed to work in America. Forget CIR, focus on legal immigration

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Mr. Latour's 7/23/09 ID letter's point acknowledging benefits and costs in each side's arguments is excellent, but the fault not one-sided. I have spoken at meetings of Minutemen where most of the audience agrees that we need to make it easier to come in legally than illegally once I am done speaking. For that matter, most bureaucratic "antis" are less likely to be bigots than people responding to perverse institutional incentives in my experience. The sort of people most likely to get air-time on the anti-immigration side are generally going to be a tad more stringent. In my experience their opposite numbers exist among law and journalism school denizens who want to explain every phenomenon in terms of race or, more rarely but worse, class struggle. TI admit to the John Hendersons of the world that illegal aliens create a general atmosphere of lawlessness that breed camera-grabbing responses like Sheriff Arpaio's, but let us be honest in acknowledging the benefits of even the illegals. As Mr. Latour's letter put it, one cannot weigh policy without taking both costs and benefits into account. For every illegal claiming government benefits, there is a slew performing useful services at market prices and paying some sort of lucre (sales tax, property tax, license fees, even income tax) into the government fisc. Yes, as Mr. Murray's letter stated (07/28/09 ID) the law is the law, but American immigration law makes our income tax law or health-care regulations seem clear and fair.Unfortunately, I am starting to fear that the odds of systematic reform of the clunky system in the next three years are as high as those of the latest recall petition filed against Sheriff Joe, who is at any given time sure to be holding several of my clients in custody.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Finally, ID showed their true colors - by using DailyKos, of all sources, for an entry in the ID headline news "NRA Goes To Bat For Illegal Alien Coke Dealers." (Jul 29, 2009). It is telling that ID did not even bother to read the actual NRA letter instead completely relying on the DailyKos "analysis" of it. I believe ID would have better served its readership by posting the actual letter but that is probably too much to ask from the news organization that completely abandoned any resemblance of unbiased information provider quite a while ago. My hope springs eternal.

Olga
Reston, VA

Dear Editor:
Rather than an attempt at: "Striking a Balance Between Immigration Enforcement and Civil Liberties" (7/29/09 ID comment), the Police Foundation Report is yet another blatant propaganda piece, poorly disguised as the result of a neutral forum by selected, biased and PC correct persons to arrive at an pre-determined conclusion - to reduce or eliminate effective illegal entry enforcement by police at the local level. Most front line police support the inquiry of legal status upon probable cause and the 287(g) program and a good number of them as well as citizens would be alive today if fully implemented. With regards to the R. Algase letter (7/29/09 ID), why is Rev. McDonald a "decent American" with "courage" and Sheriff Arpaio of AZ a "racist psychopathic bully" for enforcing the laws, just because RA falsely labels them so? Most unbiased persons would reverse these descriptions and use less extreme language which is why Sheriff Joe is continually re-elected and such futile recall efforts as Rev. RM always fail. The RA letter also errs and misleads in concluding that my racial neutral comment ( 7/28/09 ID) regarding "gated communities" referred to a "whites only" one and the "entire US" as well. Does the RA letter claim that opening "the gates" to "brown people" and others will have no "environmental, economic or cultural effect"? Why do such advocates believe that the "white" population should be drastically diluted by unwise mass entry policies? Will the latter then advocate for the "white" minority? As I last stated, such extreme views and obvious exaggerations, if not prevarications, do nothing for the immigration cause and only creates confusion, conflict and chaos which seems to be the purpose of some advocates.

Jim Roberts


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. 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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