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Immigration Daily August 12, 2010
Previous Issues
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Comment: Better Fish To Fry

Congressional GOP leaders have recently sought to question long-settled common law on birthright citizenship – the doctrine of jus soli – which guarantees citizenship based solely on the geography of birth, with exceptions only for children of diplomats and occupying armies (the exceptions and the common law rule both date back to centuries before there was an American Republic). Influential GOP leaders outside Congress have come out swinging against this folly by Republicans in Congress. A member of the Reagan White House writes in the Wall Street Journal "Instead of amending the Constitution to eliminate ‘anchor babies’ — the ugly term opponents of birthright citizenship use to describe these U.S. citizens — Republicans should be helping them become good Americans." As Politico reports, she is joined by "former aides to both Vice President Dick Cheney and President George W. Bush … condemn[ing] the calls by top Republicans to end birthright citizenship". According to news reports, other figures including anti-immigrant TV crusader Lou Dobbs and former GOP Presidential candidates Mike Huckabee and Alan Keyes, have indicated that the Congressional GOP leadership is going too far.

Perhaps the GOP leaders intend only to further ignite the coals of discontent among their base, to ensure better turnout in November, thus possibly capturing the House. In other words, perhaps this is strictly political, and in their hearts the GOP leaders accept the common law on birthright citizenship. If so, they are playing with fire here - taking the risk of upsetting the stability that the clear jus soli rule provides – may have many unintended consequences – insofar as Constitutional issues are concerned, "when it is not necessary to change, it is necessary not to change". Republicans gains in the next Congress do not appear contingent upon using this particular argument, no matter how anti-immigrant a tone the GOP wishes to cast itself in politically.

However, perhaps GOP leaders are genuinely keen on re-examining one of our fundamental national tenets. If so, they may be under-estimating the effects of what will inevitably ensue – the genie they thus unleash will not go back in the lamp. It is not a coincidence that the common law rule on citizenship was re-stated in the 14th amendment after the greatest cataclysm our Republic has ever suffered – the Civil War. While another Civil War, this time over immigration, may seem an impossibility right now, so would Republican support for a review of birthright citizenship have seemed just a few years ago. GOP leaders should pause before going too far down this perilous road.

In short, questioning birthright citizenship makes neither tactical nor strategic sense for the GOP. GOP leaders ought to have better fish to fry.

Article: Silence In A Time of Torment: Throwing Indian IT Firms Under The Bus by Gary Endelman and Cyrus D. Mehta

Article: More About Republicans, Immigration And The 14th Amendment by Roger Algase

Article: PERM Rule Promotes Unlicensed Practice of Law by Joel Stewart

Article: September Visa Bulletin by Christopher T. Musillo

Article: Fmr. Gov George Allen, (R-Va.), discusses the enforcement of immigration law in the State of Virginia by Matthew Kolken

News: Congress Passes Emergency Border Security Bill

News: ICE Changes SEVP Mailing Address

News: CRS Report On Foreign Students In The United States: Policies And Legislation

Focus: The Immigration Compliance Book
The Immigration Compliance Book, Editors Angelo A. Paparelli, L. Batya Schwartz Ehrens, and Dan Siciliano features contributions from Jason Burritt, Francis E. Chin, Philip C. Curtis, Laura Danielson, John Fay, Bonnie K. Gibson, Richard Gump, Douglas D. Hauer, Susanne C. Heubel, Loan Huynh, Jay Jorgensen, Susan Kelly, Adam Ketcher, Cynthia Lange, Kevin Lashus, Robert F. Loughran, Kristin Major, Johanna Marmon, Cyrus D. Mehta, Maggie Murphy, Michael Patrick, Julie Pearl, Justin A. Rymer, Olivia M. Sanson, Lynn O. Tarran, Vinh C. Trieu, Steve Trow, Greg Wald, Matthew Warren and Michael J. Wildes. The Table of Contents is as follows:

  • Editors' Introduction
  • 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
  • Resource Materials
For more info on this book and to order, see here (fax version, see here).

Headline: Huckabee: Don't Punish Children of Undocumented Immigrants http://ow.ly/2oPgw
Headline: Anti-Immigrant Zealot Becomes GOP's Colorado Senate Nominee: the mastermind of Operation Wagon Train to run for Senate http://ow.ly/2oNZ8
Headline: ICE director Morton: 'I don't support amnesty' and neither does President Obama http://ow.ly/2oNMh
Headline: Obama as border cop: He's deported record numbers of undocumented immigrants http://ow.ly/2oNEo
Headline: Immigration Debate: Is Florida the New Arizona? http://ow.ly/2oNwA
Headline: Senate passes border security bill: President Obama is expected to sign the measure http://ow.ly/2oNl4
Headline: The Immigrant's Way Book outlines the history of immigration law. Get your copy today! http://ow.ly/2gPoH
Headline: ICE Chief: We're Against Amnesty, No Administration's Been Stronger on Removing Illegal Immigrants http://ow.ly/2ogub

To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

Help Wanted: Immigration Paralegal
Los Angeles, CA - Stone & Grzegorek LLP, a downtown Los Angeles immigration firm, seeks paralegal with 7+ years of experience in all areas of employment immigration, including labor certification. Must be detail oriented and an excellent writer. Bachelor degree or paralegal certification preferred. Send letter of interest to Candice@lskglaw.com.

Help Wanted: Immigration Professionals
Washington, DC - U.S. Citizenship and Immigration Services offers unique Senior Executive Service (SES) career opportunities in Washington, DC. USCIS will be accepting applications for several SES positions starting, July 23, 2010 through August 20, 2010. Therefore, if you are interested you must act fast. If any of these challenging and rewarding careers interests you, please review the official vacancy announcement located on the Office of Personnel Management (OPM) USA jobs website. Please be sure to search for and reference vacancy announcement numbers below. Chief, Office of Public Engagement (Vacancy number: EXSER/10-037CIS); Deputy Associate Director, Management Directorate (Vacancy number: EXSER/10-038CIS); Deputy Director, California Service Center (Vacancy number: EXSER/10-039CIS) Visit us online at www.uscis.gov/careers. EOE.

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. seeks immigration legal assistant who will report to immigration section manager and supports immigration attorneys. Prepare H-1B, L-1, O-1, TN, and E-1/E-2 visas and PERM application; file business and employment-related immigration documentation under supervision of attorneys; extensive communication with clients and government agencies; assist on special projects as assigned. Bachelor's degree and minimum of 4 to 8 years business immigration experience required; excellent customer service skills; strong communication skills; must be organized, detail oriented, responsive and have excellent follow through skills; multi-task and work independently; strong sense of accountability and ownership of projects; ability to prioritize workload effectively; flexibility to work overtime when necessary. Please send resume to mlhr@mintz.com.

Immigration Law Certificate
Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here.

To place a classifieds ad in Immigration Daily, see here

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X


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