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Immigration Daily January 27, 2010
Previous Issues
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Comment

Detention Overhaul

The Arizona Republic reports "The head of U.S. immigration enforcement on Monday announced plans for an overhaul of the government's controversial detention system for people who face deportation."

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


Focus

Today Is Deadline For Employer Compliance For Experts

Wednesday, January 27th is the deadline for the Thursday, January 28th phone session of "Employer Compliance For Experts" with speakers Patrick Shen, Brett Dreyer, Cynthia Lange, Priscilla H. Muhlenkamp, Michael Patrick, Jennifer Sultan and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on January 28: The Obama Administration's New Enforcement Focus

This presentation is premised on DHS Worksite Enforcement priorities as provided in the April 30, 2009 announcement by Secretary Napolitano, and subsequent initiatives announced throughout 2009. The presenters will discuss briefly the policy of the Obama Administration, but the bulk of the presentation will be practical tips and best practices on how to avoid liabilities and prepare for federal and state audits. Program highlights include:

  • Establishing an in-house I-9 compliance program to reduce your clients' liabilities
  • Preparing for an ICE and state government I-9 audit
  • Avoiding pitfalls that may result in, and defending against, employment discrimination claims
SECOND Phone Session on February 18: Maintaining a Legal Workforce

The speakers during this program will discuss recent Department of Labor enforcement, including enforcement and adjudication trends involving the labor condition application and PERM applications. The program also will include a segment on audits by the US Citizenship and Immigration Services' Office of Fraud Detection and National Security (FDNS) on H-1B petitions. Program highlights include:

  • Best practices on maintaining LCA and PERM files
  • Tips on how to prepare for an LCA or PERM audit
  • Better understanding of what to expect during the FDNS site visits and how best to prepare for such visits
THIRD Phone Session on March 11: Proliferation of E-Verify

In today's heightened enforcement environment, the federal government and an increasing number of state governments are requiring employers to participate in E-Verify, an electronic employment eligibility program. Beginning September 8, 2009, many federal contractors and their subcontractors are required to begin using E-Verify. In addition, the government is utilizing sophisticated data-mining techniques to monitor employer usage and to scrutinize employers' compliance with the complex terms of participation. Program highlights include:

  • Obama Administration's emphasis on E-Verify and impact on federal contractors
  • Trends among state legislation requiring use of E-Verify and complications for employers with multi-state presence
  • Liabilities that may result from enforcement of new monitoring and compliance regulations
Wednesday, January 20th 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/201002.shtm. Fax form: http://www.ilw.com/seminars/201002.pdf. Don't delay, sign up today.


Articles

Consular Corner: January 2010
Liam Schwartz writes "For the FSO's (Foreign Service Officers) out there: Why did you get into this line of work?... it obviously wasn't for the money. "

Bad Policy Drives Out Good
Sheldon Richman for the Foundation For Economic Education writes "All public policies are related. Okay, that may be a slight overstatement, but there’s a point here."

Bloggings On Immigration Law And Policy
Greg Siskind writes "In another hopeful note of compromise, Congressional Daily was reporting Senate Judiciary Committee Chairman Patrick Leahy (D-VT) as saying that the Brown election in Massachusetts doesn't kill immigration reform."

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


News

Aytes Memo On Adjudicating Forms I-212 Under Section 2l2(a)(9)(C)
Michael Aytes, Acting Deputy Director for Domestic Operations at USCIS, issued a memo that supersedes and rescinds entirely the March 31, 2006 memorandum entitled, "Effect of Perez-Gonzalez v. Ashcroft on adjudication of Form I-212 applications filed by alien who are subject to reinstated removal orders under INA§241(a)(5)" (the "Perez-Gonzalez" memorandum).


Classifieds

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.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email info@inszoom.com.

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.


Tweets

In State of Union, Obama will push #immigration reform- but how hard? We don't need talk only, we need action Obama! http://ow.ly/1118f

Video DC Protest: We need more rallies like this one in the country! No more raids. Pass #CIR! http://ow.ly/110l5 #immigration #ri4a

Lack of #immigration reform protested in DC: 'If there's no reforms, Obama is not going to be reelected!" http://ow.ly/110ae

RT @DetentionWatch: via @ImmProf: Immigrant Detention Reform in the Works? http://bit.ly/90ZQlP #dwn #immigration

Compromises coming on #immigration reform? http://ow.ly/10JAH Rep. Chaffetz introduced enforcement resolution in d house

Sign up for #Haiti #Immigration Relief. Deadline is today http://ow.ly/10Ji1 Net proceeds to go to various nonprofit legal orgs.

Pioneer Immigrant Dies At 86, Ben Gim Noted Lawyer http://ow.ly/10IhU

RT @GrayRiv: RT @leareiter: Deaths of Immigrants in US Custody Expose Need for Reform - Civilrights.org http://bit.ly/aotwmH #RI4A

Entire Florida legal bar Requested to donate 1 hour to #Haiti: http://ow.ly/10Fj1

A Chinese American #immigration secret emerges from the dark days of discrimination http://ow.ly/10F2U


comingsNgoings

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

New Attorney
The Morrison Law Firm, P.C. is pleased to announce that Kwesi Dodi has joined the firm. Mr. Dodi (J.D., U. of Texas) focuses on civil litigation and immigration, and has an MBA (Vanderbilt) in Finance and Human Resources. 3701 Kirby Drive, Suite 570, Houston, Texas 77098. Tel: 713-523-8818. Fax: 713-527-7880.


Letters

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

Dear Editor:
The results of the Pew Research Center's recent survey on The Public's Priorities for 2010 indicate that the public does not regard immigration reform as a particularly important priority for the coming year. It is in 18th place on a list of 21 priorities. It only outranks lobbyists, trade policy, and global warning. How did immigration reform end up in this position and what can be done about it? You can find the report using Google.

Nolan Rappaport, Esq.

Dear Editor:
ID's comment (01/26/2010 ID) speaks to the tragedy of Haiti's earthquake. However, there has been tragedy in Haiti for decades and the US government has sat back and ignored it. The government of Haiti is despotic, uncaring, self-serving and little interested in the needs of the Haitian people. The country is becoming a wasteland, stripped of its natural resources through loss of topsoil by the erosion of the now barren landscape. But the government has ignored this simple fact. ID's editorial says, "It is not merely a situation where American troops will once again have to offer police services to Haiti for many years to come, as we have done many times in Haiti's history." Let's hope that at last, in rendering the type of aid the Haitian people so desperately need, that the US meddle once more with a sovereign government, and this time effectively use is powers to end the rule of the Haitian depots and install a government, even if it is a "puppet government" of the US, as has been done many times before throughout the world. But something needs to be done to end the tyranny and corruption of a few wealthy and ruthless people who for decades have called themselves "Haiti's government." It is time for America to invoke a 21st Century version of the Monroe Doctrine, forget the Middle East and the Muslim governments that despise America and its infidels, and instead concentrate on restoring the United States of America, restoring a sense of cooperation with our neighboring Western Hemisphere nations, rebuilding the entire Western Hemisphere through comprehensive trade agreements. Until that happens all the lip-service in the world about humanitarianism in Haiti will just result in the government officials getting richer, while the Haitian people get poorer.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The best and cheapest solution for Haiti is for the US to immediately issue every Haitian an immigrant visa (IV), arrange transportation for al of them to come to the US, disperse them throughout the country (although not in any of the cold states), assign them their own immigration lawyers by groups of, say, 2000 per lawyer, and be done with the whole mess. This way, we would not be saddled with years... decades (if not centuries), of pouring (increasingly scarce) US taxpayer dollars into that bottomless pit. With no Haitians on the ground, their former country could perhaps re-grow its trees, stabilize its soil, and possibly experience an environmental re-birth. With no people there, it would not have to be administered by any government, although the DR could be assigned a sort of "protectorate" responsibility. This is not as bizarre a proposal as it may seem at first glance. As we can see right here in this forum, the "open-borders" crowd is already pushing for increased admission of Haitians under the current crisis (never let a good crisis go to waste) and they will come in anyway, one way or another, so let's just get it done quickly and cheaply and issue mass IVs. Doesn't matter in the long run... the United States is finished as a nation in any case.

Don Miller

Dear Editor:
This is with reference to Mr Xiao's letter (1/22/2010 ID) which states that a person's legal status in the US can only be ascertained only after a complete review of their circumstances, not simply because they had an I-485 in process. True, but the letter misses the point, and I can best illustrate that with an analogy. The confusion between USCIS and the CBP that reigns today is the equivalent of my getting detained in say, New York because I was driving with a California driver's license and the trooper didn't know that was legal. Of course, to categorically determine that I was driving lawfully the officer would need to determine that I wasn't drunk, wasn't texting while driving, had valid insurance, and hadn't violated any other rules of the road. But that is irrelevant to the basic problem that law enforcement agencies cannot even agree as to what the law is. The CBP appears to believe that a valid unexpired I-94 is the be all and end all of temporary legal status in the US and that is simply not true in the case of a person who has a pending I-485 application.

Trivikram Krishnamurthy
Sunnyvale, CA


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 1995-2010 American Immigration LLC, ILW.COM. 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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