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Immigration Daily December 10, 2009
Previous Issues
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Comment

Supremes Recognize Undocumented

In what is apparently a first, a Supreme Court opinion used the term "undocumented immigrant" instead of "illegal immigrant" or "illegal alien", according to a report by the New York Times. We encourage the Court to continue down this path to recognize that no human being can be illegal, and to recognize that these human beings are immigrants whose documentation status lies in Congress's hands, not their own. We urge Congress to regularize these immigrants. Members of Congress will live to see their children and grandchildren marry the children and grandchildren of the undocumented. They should act for their in-laws-to-be by bringing the laws in line with common sense. Onward to CIR!

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


Focus

Today Is Deadline For Worksite Enforcement

Wednesday, December 9th is the deadline for the Thursday December 10th phone session of "Employer Compliance For Beginners" with speakers Maggie Murphy (discussion leader), Robert Nadalin, Donald E. Smith, William Stock, Steve Thal, Roger Tsai, Robert White and Other Speakers To Be Announced. The curriculum is as follows:

  • Employer Responsibilities under IRCA - Completing and retaining Forms I-9 for every employee and penalties for noncompliance
  • Dealing with Social Security No-Match Letters - Complying with DHS regulations while avoiding liability for discrimination
  • Addressing Common E-Verify Questions: What is it? How do I know whether a company is required to enroll? Are there any risks involved with enrolling?
Wednesday, December 9th 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/200929.shtm. Fax form: http://www.ilw.com/seminars/200929.pdf. Don't delay, sign up today.


Articles

Supervised Recruitment In Tough Economic Times - Practical Tips For Compliance
Maggie Murphy, Cyrus D. Mehta, and David Ware writes "Based on current processing times and statistics for PERM Audits, it is probable that Supervised Recruitment will add at least one year to case processing times."

The Origins of American Unions
Clarence B. Carson for the Foundation For Economic Education writes "But the one class that excited the most determined opposition was immigrants. And, among immigrants, Orientals, particularly the Chinese, were the ones most opposed."

Bloggings On Immigration Law And Policy
Greg Siskind writes "How the Sheriff has reacted to the situation tells even more about what is happening in Arizona than the offense itself."

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


News

USCIS Grants Parole Status To CNMI Nationals
USCIS announced that it will grant parole status to eligible foreign nationals from certain impacted groups in the Commonwealth of the Northern Mariana Islands (CNMI).


Classifieds

Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel seeks a director of agency liaison. Work with ACIP members and federal immigration agencies to improve immigration policies/procedures for large multinational employers. Maintain relationships with policymakers and report on agency activities, organize and report on liaison meetings, identify emerging global mobility trends and explore best practices, draf Fed Register comments and amicus briefs as needed, analyze new policies and procedures, and communicate changes to members through weekly email bulletins, website updates, webcasts, and other venues. Involved in planning ACIP's Annual Symposium in June. Public speaking and travel required. Ideal candidate has law degree, detailed knowledge of business immigration laws + procedures, understanding of global mobility best practices, experience filing immigration applications on behalf of large employers, liaison experience, ability to juggle shifting priorities, excellent writing skills + ideas for improving immigration system. Send resume, cover letter, references + writing sample to lynn_shotwell@acip.com.

Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any other complex immigration cases including appeals, may wish to co-counsel with PJ Patel, an attorney experienced in O, EB-1, NIW, and any complex matters for many years. Mr. Patel is known for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past 25+ years. For more information, see his website at www.immigrationbypatel.com. Mr. Patel can be reached at pjpatel@immigrationbypatel.com 212-279-3230. All cases will be kept in strict confidence.

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or myale@bykadvertising.com. Please visit our website www.bykadvertising.com for special offers and discounts.


Headlines

Report Analyzes High-Skilled Immigrants
A new report released Tuesday by the Center for American Progress highlights the importance of high-skilled immigrants to the U.S. economy, but argues that "arbitrary restrictions" keep companies from fully utilizing this talent pool.

Population Shifts Could Boost California, New York In Census
An analysis released today by the Brookings Institution think tank finds immigration is buoying many of the nation's larger cities.

Immigration reform: 2010 could see overhaul
Having waited patiently in the wings, Immigration advocates in Chicago and elsewhere are anxious to take President Barack Obama at his word when he said Immigration reform would soon follow health care on the nation's agenda.

Much More Than A Profile
On October 7th Ms. Orellana was quietly eating her lunch when two Frederick County Deputy Sheriffs interrogated and detained her solely based on the color of her skin, according to a lawsuit recently filed in US District Court.


comingsNgoings

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

Immigration Event - Washington, DC
December 10 - House Committee on Homeland Security will be conducting a hearing on "Moving Toward More Effective Immigration Detention Management" For more info see http://homeland.house.gov/about/schedule.asp


Letters

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

Dear Editor:
A recent ID article by Harry DeMell supports more immigration "enforcement". Another one, by Sherrie Kossoudji, favors legalization. The former article is typical of the confused and pretentious pseudo-scholarship of those who have an ideological ax to grind against minority immigrants. The latter article is short and to the point: immigration in general and legalization in particular bring great economic benefits to America. When the history of this recession is written, persecution of immigrants in the form of shutting down their businesses, breaking up and impoverishing their families, destroying their purchasing power and denying work visas to the most educated and skilled foreign professionals and entrepreneurs will no doubt be identified as among the major causes of the economic hardship that is now affecting so many Americans. Prejudice against Latino and Asian immigrants comes with a high price tag, as excellent research by the Immigration Policy Center has shown. It would take a whole forest to provide enough paper for all the articles that have been written about the supposed horrors of the 1986 amnesty law, which legalized 2 million people from all over the world. But I have yet to see a single article criticizing the early 1990's AA-1 green card lottery, which was nothing more than an amnesty for Irish, Polish, and other illegals from Europe, who were almost the only ones eligible with very few exceptions. This is not to say that Europeans are not welcome in our great nation of immigrants too. More power to them.

Roger Algase, Esq.
New York, NY

Dear Editor:
I wish Jim Roberts' letters would discontinue ever using my ID letters a source to back up his letters' obvious anti-immigration stance, because every time they do, my words are twisted and misconstrued. The latest example is the Roberts' letter (12/09/2009 ID) that claims, "D. Murray joins growing numbers of those who wish to see this obvious abuse and dilution of citizenship ended." I join no such group. While I do support a constitutional amendment changing the US citizenship birthright, I do not view it as a "dilution of citizenship," which I find to be a disgusting and racially-charged remark with which I do not, in any, way desire to be associated. My backing a constitutional amendment is based on on the fact that there is no cogent reason for offering US citizenship to children of people who have no ties and no allegiance to America themselves. Further, I back such a constitutional amendment simply to take away the carrot at the end of the stick for foreigners coming to the US to have "anchor babies" - something the founding father never envisioned when the constitution was drafted back in the 1700's. Times change. But getting back with the bone of contention in the Roberts letter, to call the citizenship of foreign born as a "dilution of citizenship" is about the most raciest, cruel and mean-spirited statement I recall ever reading in ID letters. My wife is a naturalized citizen and both she and I are proud of it. Her naturalization in her adopted country in no way "diluted" the precious WASP gene pool Mr. Roberts' letters seem so adamant about protecting. Once again, the Roberts letter proves Roger Algase's letters correct. Sometimes it is better to leave well enough alone.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Mr. Seplov's letter (12/08/09 ID) asks for an attorney to tell where in the Constitution a US citizen loses his/her right to family unity when they marry a foreign national. The answer is not in the Constitution, but in a law enacted by Congress in February 1855, which made citizenship a function of marriage for women born in the U.S. By operation of that law, until it was superseded by another enactment in 1907, an alien woman acquired U.S. citizenship when she married an American citizen; and a U.S.-born woman could lose her citizenship if she married an alien husband and lived abroad. It happened to hundreds of U.S-born women, until we finally grew out of the legal fiction that a woman has no status except through her husband. What's also not in the Constitution is a protected "right" to family unity. The point is, that laws evolve and change to suit the needs of the society which erects them. Back in the mid 1700s. when our Constitution was first written, the new nation needed to secure the allegiance and dedication to the new sovereign in critical mass numbers to survive. We also needed vast numbers of souls to fill up and develop this big empty land. So we came up with the born-here, citizen-here principal that has been the backbone of our citizenship law since that time. Now our needs are different. It's certainly worth the effort to examine whether the born-here, citizen-here principal needs to be amended. But in doing so, we need to weigh total costs and benefits. Those countries which still confer citizenship primarily through descent have a time consuming and costly bureaucracy to engage to prove ancestry as a prelude to a determination of citizenship.

Jay McTyier
Louisville, KY

Dear Editor:
To clarify in reference to Mr. Roberts letter (12/08/09 ID) what I meant when I said I did not know how to take its book recommendations which I felt were a a way of saying I needed to to school on the issues we have been discussing, so I in jest I suggested that that letter writer too go read a history book. It might be a tad arrogant to assume another reader doesn't know what he/she is talking about. I do not equate human beings with gumballs like I believe Numbers USA does, but I am concerned about large numbers of US Citizens who have spouses and children living in exile and are suffering extended family separation as a result of draconain immigration penalties for civil infractions. I am not an "open borders advocate" or an "entry enthusiast" or an anarchist or anti-american or pro immigrant. I simply believe morally we have gone overboard on some not all of our Immigration laws. I am not talking about "immigrant rights" in any of this either. I am talking about the right of a US citizen to live in his/her own country with his/her nuclear family. Its my position after appropriate vetting and security concerns are addressed where a US citizen spouse or child is concerned speedy family reunification is the correct moral and constitutionally correct action, when there is a non-criminal immigration violation involved. The law currently runs counter to our moral values as far as family is concerned.

Sergi Sheplov

Dear Editor:
Regarding (12/08/09 ID) Letters, the R. Algase letter contains even more than the usual of false presumptions including that enforcement policies are "one-sided" and not "humanitarian". The letter would consider no enforcement to be the latter. Birth citizenship by illegals is wrong, poor policy and should not be a "basic right" of foreigners. The letter is critical of the R. Yang letters except as directed to the "hypocrisy" of restrictionists. Hypocrisy is the middle name of the RY letters who attempts in vain to avoid the well-earned "anti-American" label with Globalist views favoring foreign workers who average less than $100 per month. Without protection from lessor developed lands, RY letters would have these wages for US for which our Declaration was written, not "our fellow human beings" in other lands who need to develop their own "inalienable rights to life, liberty and pursuit of happiness", and not dilute/destroy ours. This nation was founded on Christian principles as pointed out in John Vinson's supurb booklet, "Immigration and Nation, a Biblical View" from aicfoundation.com (1997). "Division and nationality are part of God's plan for humanity" (Deut. 32:8 & Acts 17:26) comprised of language, culture and ethnicity and that "total inequality is just as wrong as total equality". While we should treat the "sojourner" (a temporary resident) fairly, our greater love should be for our nation and family (Deut 17:15, Num.15:16, Lev.18:26, I Tim.5:8, Pro.13:22). Such an immigrant is Yeh Ling-Ling, executive director of Alliance for a Sustainable USA. Also, Michael Cutler, see article, "Our Government Continues to put Americans at Risk". As the good Teddy said to US in 1915 (not the bad Teddy who lied to US in 1986) "There is no room in this country for hyphenated Americanism."

Jim Roberts

Dear Editor:
Jim Roberts' letter (12/09/09 ID) talks about constitution and so on, what about the "inalienable rights" and "all men are created equally" phrases in the US Declaration of Independence then ? JR's letter also mentioned about "a little overcrowding issues" with his booming hometown in Arizona, that's exactly the real brown skin Native American Indians felt when the "pale skin" invaders coming from the other land far away and now they become poorest smallest group among minorities in their own homeland. More population means more problems indeed, but also more business opportunities, more banks, restaurants, car dealerships etc. If ones feel their hometowns are way too crowded and too "colorful" with new comers they don't like because they're "different" then what about moving to white lily Alaska with moose and caribou whom don't speak Spanish nor Mandarin Chinese as their closest neighbors. RA's letter (12/09/09 ID) mentioned about my letters ranting about lazy Americans, Americans don't like competition etc., then what's the real purpose of restrictive immigration laws and trade barriers worldwide in every countries if not for protectionism ? It's very un patriotic and American to keep our fellow American living and dreaming in delusional fantasy world that they will never have to think, win and survive about competing with others just because of their US citizenship and it's an outrage to stay silently when our politicians are wasting our tax dollars on expensive, senseless and useless wars that won't get rid of sectarian ideology of hatred, ignorance, violence and intolerance in the name of faiths and God as the root cause of global terrorism problems, while other nations pouring their investments in top notch infrastructures and education to be able to stay ahead the competition the 21st. century global economy. It's time to wake up America and stop dreaming!

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. 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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