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Immigration Daily December 15, 2009
Previous Issues
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Comment

A House Surprise

When CIR does come, it will be a watershed moment in the history of the immigration field. However, CIR has failed four times this decade in Congress, and it is not assured of passage this, fifth, time. So, lets take a step back, and take a look at the great quantity of verbiage emanating from DC, and try to make sense of it all.

There appear to be three possibilities for all the CIR talk on the Hill. Firstly, the Democratic leadership may well be in earnest, and be determined to pass CIR soon and have the votes locked up. Secondly, the Democratic leadership may be in earnest, but may well have difficulty getting the votes needed, so the outcome of CIR may be uncertain. Thirdly, all the talk may just be a charade by the Democratic leadership, whose real plan may just be to talk and not act, hoping that by introducing a feel-good bill, and then losing the vote, that would be enough to keep the immigrant vote in the Democratic column. We are not swayed by political spin, and believe that any of the above three scenarios may be the one that plays out over the winter and spring.

That said, there is a pattern that suggests itself, and which offers an intelligent read into the real state of the tea leaves at this time. Lets take a look at the three major bills that are front-and-center in Congress right now: Climate change, Health care, Financial reform. As to Climate change, the House passed the bill in July, its stuck in the Senate since then. As to Health care, the House passed its bill in November, and the bill is now the subject of furious politicking in the Senate. As to Financial reform, the House passed its bill in December, the Senate may take it up in January or February. The pattern is clear – the House acts first, the Senate then follows. The reason is equally clear – the Democrats need only 50%+1 of the votes in the House, but need 60 votes in the Senate to achieve cloture; and its obviously much easier to get past 50% than past 60%. Bear in mind that in each case, there were plenty of rumors that the Senate would go first, which did not really happen. On Climate change the House suffered a major struggle over the Chairmanship of the committee responsible, whereas it was expected that Sen. Boxer would be able to hit the ground running. On Health care, the House had to reconcile 3 bills (compared to the Senate’s 2), whereas the late Sen. Kennedy’s committee was to move quickly. On Financial reform, Rep. Frank was not initially sure he had the votes for his bill, whereas the troubled Sen. Dodd needed decisive action in anticipation of a tough election coming up. In all the three cases, the rumors were belied, and the House acted first. So, if the Democrats are really in earnest about immigration reform, perhaps the secret game plan is to move a House bill, not a Senate bill. On the other hand, if the Democratic leadership intends to mostly talk, and then lose the vote on the floor, the Senate may be the best place to play the drama out before the country. The final possibility is that the Democratic leadership may well have their plate full with the three major bills on the plate currently, and have no game plan on major legislation for the late winter/early spring. Events between now and the State of the Union speech coming up in January should shed some light on what the Democratic leadership really intends to do.

Rep. Gutierrez is poised to unfurl his CIR bill tomorrow, his bill appears to be supported by the Asian Pacific American caucus (23 representatives), the Hispanic caucus (24 representatives), the Black caucus (43 representatives) and the Progressive caucus (79 representatives). This offers the House Democratic leadership an option to proceed in the near future, either with Mr. Gutierrez’s bill, or with another bill that has been kept secretly on ice all along. We urge Chairman Conyers and Chairwoman Lofgren to warm up their gavels and get ready to deliver immigration benefits.

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


Focus

The Immigration Compliance Book

The Immigration Compliance Book, Editors Angelo A. Paparelli, L. Batya Schwartz Ehrens, and Dan Siciliano features the following:

  • Sections: Understanding I-9 Concepts, I-9 Advanced Topics, Employer E-Verify Considerations, E-Verify Advanced Topics, DHS Enforcement Through ICE Raids and Audits, Specialty Topics
  • Sample Proposed I-9 Policy and Procedures, Sample Form I-9 Verification Procedures – Guideline for Employers, Sample Checklist for I-9 Audit and Correction Guidelines
  • Critical Resource Materials: Selected Statutory Provisions, USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-Verify, USCIS Press Releases/Q&As/FAQs, etc
  • Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO, BIA, Federal District and Circuit Courts, Important Statutes, Regulations, Forms, Weblinks, etc.
  • 750+ pages, 850+ footnotes
  • 33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K. Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D. Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen, John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson, Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren, Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C. Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C. Heubel, Susan Kelly, Vinh C. Trieu
For more info on this book, see here (fax version, see here).


Articles

Central American Gang Related Asylum Cases: Background, Leverage Points And The Use Of Expert Witnesses
Thomas Boerman writes "Given current case law there is a widespread belief that Central American gang related cases are essentially unwinnable."

Wishful Thinking On Immigration And Crime - CIS Report Attempts To Erase 100 Years Of Data
Benjamin E. Johnson et. al of Immigration Policy Center write "A new report from the restrictionist group, Center for Immigration Studies, Immigration and Crime: Assessing a Conflicted Issue, attempts to overturn a century's worth of research which has demonstrated repeatedly that immigrants are less likely than the native-born to commit violent crimes or end up behind bars."

Bloggings On PERM Labor Certification
Joel Stewart writes "If the job requirements do exceed these levels, the employer must show a business necessity by demonstrating the job duties and requirements bear a reasonable relationship to the occupation in the context of the employer's business and are essential to perform the job in a reasonable manner."

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


News

DHS Announces Full Implementation of New Law Providing Permanent Residence Eligibility for Surviving Spouses and Children of US Citizens
DHS Secretary Janet Napolitano and USCIS Director Alejandro Mayorkas today announced that DHS has fully implemented recent legislation allowing USCIS to approve immigrant petitions for permanent resident status in the US filed by or on behalf of widows and widowers of US citizens and their unmarried children under 21 years old.

CBP Announces NEXUS Joint Enrollment Center Opens In Lansdown, Ontario
CBP announced that the new Lansdown, Ontario center will compliment the existing center in Champlain, N.Y. to service the northern areas of New York State.

ICE Arrests 286 In Largest Enforcement Operation To Date
ICE announced that nearly 300 foreign nationals with criminal records have been removed from the US or are facing deportation following a three-day enforcement surge in California, making it the biggest operation targeting at large criminal aliens ever carried out by ICE.


Classifieds

Help Wanted: Immigration Professional
INSZoom seeks software sales executive to generate new business by cold calling to develop new markets in the US immigration law firm vertical. Requirements include: Excellent usage of MS Outlook, Word, Salesforce.com and Excel, meticulous organizational skills, proven sales track record, confidence with cold calling, skilled at online demos, strong communication skills, ability to multitask, travel required (10-20%). Earn while you learn - success will be amply rewarded. $48-$50K base + commission. Competitive benefits package offered. Qualified applicants encouraged to apply. Please send cover letter + resume to: USjobs@inszoom.com with subject line indicating position. No calls please, all applications must be submitted to: USjobs@inszoom.com. Principals only.

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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete http://www.eurasia-usa.com/quoteRequestForm.html or fax your document at 818-907-9763.

E-3 Treaty Visa
Job Expo Australia - Sydney in March 2010 - Melbourne in October 2010. Hire Australians using the E-3 Treaty Visa. It is good business to hire Australia's robust, educated and English-speaking job seekers. Employers happily find that Australians do not have the cultural assimilation or English language challenges of many workers from other countries. Can't make the Expo - utilize our Résumé Service. The Icon Group of Poulsbo, Washington USA produces Job Expo Australia. Icon has been producing world class international job expos for 12-years. Excellent, high profile, Sponsorship opportunities are available that will bring you to the attention of job seekers before and during the Expo! Outstanding hotel and airline discounts welcome you. Visit our website at www.jobexpoaustralia.com. Contact us at Australia(at)iconnetwork.org with your questions and requirements. Now is the time to plan and reserve your 2010 job fair participation. A portion of the Expo proceeds will benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Review the National Press Release - http://www.prweb.com/releases/2009/08/prweb2801544.htm.


Headlines

H-2B Or Not To Be: Immigration Reform And Recession
There is always a great deal of clamor from opponents of immigration reform, but never as much as in times of economic recession.

List Of H-1B Visa Employers For 2009
This database shows all employers who received approval from the U.S. Citizenship and Immigration Services for new H-1B visas in federal fiscal year 2009.

Congress To Tackle Immigration In New Year
The House of Representatives has already passed bills on climate change and health care and is ready for its next big challenge: immigration reform.

Napolitano Insists On Obama's Commitment To Pass Immigration Reform In 2010
Homeland Security Sec. Janet Napolitano last week renewed the Obama administration's promise that it will deal with immigration reform early next year, political calculations in an election year nothwithstanding.


comingsNgoings

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

New Appointments - Immigration Judges
The Executive Office for Immigration Review announced that six immigration judges were sworn in during an investiture ceremony in San Diego on Dec. 11, 2009. Charlotte Immigration Court: Barry J. Pettinato; Lancaster Immigration Court: David H. Burke; Los Angeles Immigration Court: Joyce A. Bakke Varzandeh, Monica M. Little, Tara Naselow-Nahas, Kevin W. Riley.


Letters

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

Dear Editor:
Jay McTier's letter (12/10/09 ID) makes the point that our laws and institutions, including our immigration laws, generally reflect and ought to reflect the needs of our society. I like "the born-here, citizen-here princip[le]" but recognize it is not sacred. Immigration is not a Constitutional right and our immigration needs are not just confined to economic growth. There is a cultural element, which is one reason almost no one objects to Poles, Irishmen or Japanese immigrating here - they tend to be well educated and assimilated into first world ways first of all, and their peoples now very rapidly assimilate into commonly American behaviors. We can certainly adjust the incentives of our immigration system to attract more top performers and rapid assimilators without injuring those championed by the rights of Sergei Sheplov, Americans with ties to potential and actual immigrants. Pace Mr. Yang, he likely would not have moved here if the culture of the varied native Americans, with its frighteningly common slaving empires and ritualized torture had prevailed over the culture of our English immigrants in the Colonial period, and ancient cultures were rarely as open to foreigners as this nation is except in bazaars. Anglo cultures generally are very attractive to people as varied as the late Sun Yat Sen, Benjamin Netanyahu and Nelson Mandela, America's version of same even more so. Just because all creeds, cultures and colors can participate in it does not mean all do so equally well, and gaming the immigration system to make our country capable of accepting higher numbers of immigrants by tweaking characteristics we select for (and that can legitimately include country of origin, or limiting any one country of origin from getting a share sufficient to be able to establish slow-assimilating ghettos) is not an inherently evil or unconstitutional idea even if one thinks it unpalatable or unwise.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I suggest anyone to stop using Biblical or other religious references in this debate. Nothing more ridiculous that at the end many can prove that those religious references are in fact can be self contradictory. Jesus says forgive and love your enemies, shares your belongings to the poor, no to violence and he himself was a refugee in Egypt so were his ancestors and ordered his disciples to spread out the Gospel to entire mankind for The Kingdom of God. Politically, Jesus was indeed a socialist, pacifist, liberal and globalist in one not a gun toting, selfish, greedy, racist, holier than thou hypocritical, ignorant, xenophobe and close minded Republican. The Bible suggests persecution and death penalty for gays, unruly kids, prostitutes and adulterers and many others, shall we follow this order today at 21st century. What about those prayers to heal any sickness ? So, why we bother to have scientific medical researches then ? Religious nuts only bring our humanity to sectarian wars, hatred, ignorant and dark ages again. It's time for us here to contribute common sense, fair and human solution for our immigration chaos without blaming the poor folks from the other sides of this planet trying to fix their life and selling the fruits of their labor for better wages. We can't stay silent also when our elected officials are wasting our money on non sense wars, unstainable, inflationary economy and financial policies and reckless spending and bailouts to the bankers and their well connected Wall St. buddies while we're drowning in debts and blood sucking usurious practices.

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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