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Immigration Daily September 9, 2010
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Comment: Third Circuit Splits With Ninth On IRCA - A major decision on the country’s ongoing conflict over immigration sets the stage for Supreme Court consideration of the extent of state and local power over immigrants. The 3rd circuit today decided Lozano v. City of Hazelton (No. 07-3531, 3rd Circuit, Sep 9, 2010) in a 188 page opinion authored by the Chief Judge (see below).

The court said “we agree that the provisions of the ordinances which we have jurisdiction to review are pre-empted by federal immigration law and unconstitutional under the Supremacy Clause” (opinion at p. 66). The court found conflict pre-emption for Hazelton’s employment ordinance: “we agree that the [Hazelton’s ordinance’s] employment provisions stand as an obstacle to the accomplishment and execution of federal law, and thus are pre-empted … Congress went to considerable lengths in enacting IRCA to achieve a careful balance among its competing policy objectives … The [Hazelton ordinance] substantially undermines this careful balance” (opinion at p. 106-107), offering as authority “[t]he Supreme Court has consistently found state and local laws which alter the careful balancing of objectives accomplished by a federal law to be pre-empted, and so have we. See, e.g., Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141, 144 (1989) (opinion at p. 111)”. Disagreeing with the Ninth Circuit, the court said “In Chicanos Por La Causa … the Court of Appeals for the Ninth Circuit concluded that an Arizona law that made use of E-Verify mandatory was not conflict pre-empted … [this] decision[], however, fail[s] to afford proper weight to the purposes underlying Congress’s decision to retain E-Verify as a voluntary program” (opinion at p. 121-122). The Supreme Court will have to decide this circuit split on IRCA pre-emption of state/local authority to regulate employment of unauthorized aliens.

The court returned again and again to the holistic approach of Congress in enacting IRCA, wherein Congress sought to balance conflicting aims and priorities. The court implied that the Hazelton’s non-holistic procedure was pre-empted. The court explained “If Hazleton’s ordinance is permissible, then each and every state and locality would be free to implement similar schemes for investigating, prosecuting, and adjudicating whether an employer has employed unauthorized aliens … A patchwork of state and local systems each independently monitoring, investigating, and ultimately deciding – all concurrently with the federal government – whether employers have hired unauthorized aliens could not possibly be in greater conflict with Congress’s intent for its carefully crafted prosecution and adjudication system to minimize the burden imposed on employers” (opinion at p. 115). The court further explained “Simply put, Hazleton has enacted a regulatory scheme that is designed to further the single objective of federal law that it deems important – ensuring unauthorized aliens do not work in the United States. It has chosen to disregard Congress’s other objectives – protecting lawful immigrants and others from employment discrimination, and minimizing the burden imposed on employers. Regulatory “cherry picking” is not concurrent enforcement, and it is not constitutionally permitted” (opinion at p. 130).

In finding express pre-emption against Hazelton’s housing ordinance, the court said “To be meaningful, the federal government’s exclusive control over residence in this country must extend to any political subdivision” (opinion at p. 136-137). The court found Hazelton’s housing ordinance conflicting with/pre-empted by the INA, saying “[t]hrough its housing provisions, Hazleton attempts to remove persons from the community based on current immigration status. However, as Justice Blackmun explained in Plyler: “the structure of the immigration statutes makes it impossible for the State to determine which aliens are entitled to residence, and which eventually will be deported.” 457 U.S. at 236 … Stitched into the fabric of Hazleton’s housing provisions, then, is either a lack of understanding or a refusal to recognize the complexities of federal immigration law” (opinion at p. 138, 140); saying further “The federal prohibition against harboring has never been interpreted to apply so broadly as to encompass the typical landlord/tenant relationship” (opinion at p. 142).

The matter is now ready for review before the Supreme Court, given (i) the conflict between the 3rd and 9th circuits on this matter (ii) the large number of similar state and local statutes/ordinances already enacted and underway, with several in litigation before the federal judiciary and (iii) the inherent importance of immigration to the nation at this time in our history. The opinion said “The Supreme Court will undoubtedly speak to this tension soon, given the number of states and localities attempting to chip away piece-meal at the federal power to regulate immigration” (opinion at p. 104, footnote 31). This is not the last chapter in America’s immigrant saga. We will hear from the Supremes next. Stay tuned.

Article: DHS To Develop Single, Searchable Immigration Database by Greg Siskind

Article: Let Avvo Help You Select a Great Immigration Attorney by Carl Shusterman

News: CBP Reminds Travelers ESTA Fee To Begin

News: Lozano v. Hazelton (No. 07-3531, Sep 9, 2010)

Focus: The Consular Posts Book
The Table of Contents for "The Consular Posts Book" is as follows:
PART I. MAJOR CONSULAR POSTS
A chapter each on - Argentina - Buenos Aires; Armenia - Yerevan; Australia - Sydney; Brazil - Sao Paulo; Canada -Toronto; China - Beijing, Guangzhou, and Shanghai; Colombia - Bogota; France - Paris; Germany - Frankfurt, and Munich; Haiti - Port au Prince; India - Chennai, Kolkata, Mumbai, and New Delhi; Jamaica - Kingston; Nigeria - Lagos; Philippines - Manila; Taiwan - Taipei; Trinidad and Tobago - Port of Spain; United Kingdom - London; Vietnam - Ho Chi Minh City.
PART II. THEORY AND PRACTICE
Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment
PART III. THE CONSULAR POSTS RESOURCES ON CD-ROM
For contributor bios, more info, and to order, please see: http://www.ilw.com/books/ConsularPosts.shtm. Or for fax, please see: http://www.ilw.com/books/ConsularPosts.pdf

Headline: Labor's Stand for Immigration Reform: An Interview with Eliseo Medina http://ow.ly/2BNsh
Headline: Import Job Creators: Let's give immigrant entrepreneurs incentives to hire American workers. http://ow.ly/2BNeN
Headline: Authorities rescue 37 immigrants locked inside small bedroom in Southern California house http://ow.ly/2BMP9
Headline: 'Tea Party' is today's 'Know Nothing' movement http://ow.ly/2BMBH
Headline: Why the US is charging an entry fee to some international travelers http://ow.ly/2BM9P
Headline: Graduate Dean says Immigration is this Year´s Deciding Factor in Elections http://ow.ly/2BLYh
Headline: Obama administration sets record year for deportations http://ow.ly/2BLQM
Headline: Family came to NM to escape Arizona immigration law http://ow.ly/2BoUi
Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your copy http://ow.ly/2uKZT
Headline: Rival says Texas attorney general's Arizona stance shows shift in his beliefs http://ow.ly/2BkHE

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Immigrant Tax Services
Are you worried that your clients' tax returns might hurt their adjustment, cancellation or consular processing case? Did you know that clients making less than $46,000 qualify to obtain retroactive refunds after they obtain Social Security Numbers via any immigration process? Did you know that taxpayers can claim an exemption for dependents residing in Mexico or Canada? Sam Rock, principal of the Rock Law Group, specializes in taxes for immigrants. He is an immigration lawyer, national speaker and has published several AILA articles on the intersection of immigration and income tax law. Contributor to tax section, Kurzban's Immigration Law Sourcebook, 2010-11. With 10 years experience preparing tax returns for immigrants, we can help you understand your client's eligibility to file as head of household and make dependent claims. Get your legal fees paid from your clients' unclaimed tax refunds. Rush service in 48 hours. Educating Haitian nationals about retroactive tax credits available to Haitian recipients of TPS. Services: original 1040s, amended returns, expert letters, testimony, resolution of IRS tax debt, audits/exam from all states and U.S. taxpayers living abroad. Competitive fees. Get tax knowledge on your side. Contact: sam@rocklawgroup.com, 866-243-8178, www.rocklawgroup.com This is an advertisement by an attorney.

Help Wanted: Immigration Paralegal
Sarasota, FL - A sole practitioner practice on the Florida Gulf Coast seeks experienced immigration paralegal. The practice is a full-service immigration firm with European and British clientele. Seeking paralegal with 3+ years of experience preferably in business, professional and family immigration. Send resume and writing sample to donna@greencards4u.com or Donna Scarlatelli, Scarlatelli, P.A. , 777 S. Palm Avenue, Suite 8, Sarasota, FL 34236.

Help Wanted: Immigration Paralegal
Atlanta, GA - The corporate immigration firm of Berry Appleman and Leiden LLP in Atlanta seeks entry and mid-level Immigration Assistants/Paralegals to join a dynamic legal team. We offer a collegial work environment that places a high value on collaboration. Must have excellent writing skills, be highly organized, and have the ability to multi-task. Must also be able to work within strict time lines, have excellent customer service skills, and a high attention to detail. Responsibilities would include assisting attorneys in the preparation, filing and tracking of various immigration applications and petitions. Bachelors degree required. Masters degree preferred. Previous immigration law experience is a plus. Please email cover letter, resume, and salary requirement with the title "Atlanta-Immigration Assistant" in the subject line to atlantacareers@balglobal.com. Salary DOE. No phone calls please. Not accepting resumes from third party vendors or recruiters at this time. Only qualified applicants will be contacted.

Help Wanted: Immigration Professional
Chicago, IL - VISANOW, an established leader in immigration processing, seeks global immigration specialist. Responsible for managing all US outbound legal and client relationships, including serving as the primary liaison between clients and foreign processing counsel, and increasing the network of foreign counsel and other visa processing relationships. Manage growth of global processing platform; gather, organize and communicate application materials; communicate case management matters with clients and international partners; maintain a global network of international partners and government agency contacts; oversee document maintenance function; maintain consistency and meet compliance demands; assist in compilation and preparation of application packages; preparation of immigrant and non-immigrant visas; and proactive legal research Candidate qualifications: Bachelors' degree with 5+ years of immigration experience and working with international clients and foreign counsel, especially in South America, Asia and Europe. Excellent communication skills are a must. Global Mobility Specialist Certification is not necessary but is preferred. We seek high-energy and results-driven, self-motivated individuals with a high level of initiative and ownership, and highly time, task and detail oriented. Foreign language capabilities not necessary but a plus. We offer a competitive compensation plan, excellent benefits including medical, dental, vision, life, disability, and 401K program. Submit your resume through our Careers Website. EOE.

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.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from over 100 customizable website template designs, complete with customized logos and images, 60-70 pages of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customizable intake sheet that can be integrated to your case management software directly into your website. Bi monthly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at www.inszoom.com/websites or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

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


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