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Immigration Daily December 20, 2010
Previous Issues
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Comment: Republicans Kill DREAM - The Senate voted 55 yeas to 41 nays to invoke cloture on DREAM. Since 60 votes, a super-majority, is needed to invoke cloture, DREAM died by 5 votes. 3 Republicans – Lugar, Murkowski and Bennett crossed party lines to support DREAM. On the other hand, 5 Democrats voted against DREAM – Nelson of Nebraska, Pryor, Baucus, Tester, and Hagan. Mr. Tester in particular, may find his NO vote was costly. Some Democrats took a brave stance in voting for DREAM, Ms. McCaskill deserves particular credit. Immigration has often drawn cross-party support, and cross-party opposition. This was not in evidence much in the DREAM vote, the party lines were quite clear. 4 Senators missed the vote – Bunning and Gregg who are retiring from Congress, Mr. Manchin who was at holiday parties with family and Mr. Hatch who chickened out, even though he was an original co-sponsor of DREAM. There are two clear consequences of the DREAM vote, both pointing in the same direction, which we explore below, together with one outlying condition which can change that direction.
The first consequence of the DREAM vote is to clear the path for the Obama adminstration to use executive-branch action to effectuate immigration benefits. The Obama administration had always argued for record-breaking immigration enforcement, partly on the grounds that this would create the right atmosphere to get Republican votes for immigration reform. Clearly, that strategy did not work. However, since majorities of both chambers in Congress have voted for DREAM, this does set the stage for the Obama administration to proceed with a TPS-like status for the DREAMers, something that would not need any Congressional support at all, and which could be achieved through unilateral executive branch action. Cyrus Mehta and Gary Endelman write about a number of executive branch options, see below.
The second consequence of the near-party-line DREAM vote, when combined with the November election (when Rubio in Florida, Martinez in New Mexico and Sandoval in Nevada won those states for the GOP), points to a future where the path to success within the GOP in some states requires a Spanish last name. The chances for non-Latino conservative GOP leaders to win in states like California, Nevada, Florida are not good. In a sense, equal opportunity has come to the GOP party leadership, a distinctly unintended consequence of the GOP’s recent anti-immigration stance.
However, the above two scenarios do not have to happen, it is to an extent, in the hands of the incoming House GOP majority. The party-based DREAM vote is very much a danger for the GOP, both long term and short term – because what is long term for Iowa or Ohio is short term for California or Florida. If the incoming GOP House were to pass large-scale employment-based immigration benefits, the GOP would dodge the anti-immigrant label that promises to do the GOP election damage in some states, just as it promises election benefits in others. However, should the incoming GOP House decide to pursue anti-immigrant legislation, they would achieve two things: (i) push the Democratic party to seek immigration benefits through unilateral, executive-branch action and (ii) destroy the prospects of up-and-coming non-Latino conservative leaders within their ranks in some of the country’s most populous states. We will soon see how the new GOP wants to tackle immigration.

Article: Keeping Hope Alive: President Obama Can Use His Executive Power Until Congress Passes The Dream Act by Gary Endelman and Cyrus D. Mehta

Article: Fox News Accuses Actress Penelope Cruz Of Having An "Anchor Baby" by Greg Siskind

Article: Immigration DREAMers And The Way Forward: An Open Letter To President Obama by Angelo Paparelli

Article: H-1B Petitioners Beware! New Affirmation Requirement Regarding Release Of Controlled Technology Or Technical Data To Foreign Nationals by Anthony F. Siliato and Scott R. Malyk

Article: Immigration Legislation: Outlook For 2011-2012 by Carl Shusterman

News: DHS Publishes Final Rule On CNMI Investor Program

News: USCIS Announces Publication Of Final Rule For CNMI Investor Program

News: USCIS Temporarily Suspends E-Filing Of Forms I-129 and I-907

Focus: Global Migration
Tuesday, December 21 is the deadline to sign up for the Thursday, December 23 phone session of "Consular Processing For Experts" with Shanni Alexandrovitz, Stephen Pattison, Sal Savatteri and others. The curriculum is as follows:

  • Overview of Multiple Jurisdictions
  • Current Hot Topics in Global Migration
  • Trends in the Field-Including Special Focus on Changes in UK Immigration Guidance
  • Business Visitors vs Skilled Workers
Tuesday, December 21 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.

Headline: Napolitano: Murdered agent was on a team pursuing a gang of bandits when he was killed in gunbattle
Headline: America always finds a way to solve its problems. It is not easy but it is the American way- Ted Kennedy after '07 vote
Headline: DREAM Act dies in Senate: GOP & dems who stood against immigrant communities will be held accountable at the polls
Headline: The Dream Dies: Senate Rejects Immigration Bill
Headline: RT @MicEvHill: The absent senators for the DREAM Act cloture vote were Bunning (R-KY),Gregg (R-NH),Hatch (R-UT), and Manchin (D-WV).
Headline: Urge your senator to support the DREAM Act. Send a fax now!
Headline: Servers of @numbersusa r failing, that means they r blasting Congress w/ emails & faxes. DREAM activists, start emailing & faxing your reps!
Headline: Antis monitoring DREAMers on Twitter n using DREAMers' ideas:
Headline: Antis gearing up to shut down Senate switchboard, they fear that DREAMers will take credit!
Headline: Antis dominate on faxes, evenly matched on phones, DREAMers dominate Twitter. So reach Senators on their Twitter accounts!
Headline: Don't be left out: Get listed! Sign up for ILW.COM Attorney Yellow Pages at
Headline: Judge: Immigration agents not immune to legal action for New Haven raid
Headline: Antis report Hagan office is asking for zips, color of state flag, and name of county.
Headline: Markos Moulitsas of DailyKos: DREAM Act whip count
Headline: Nurse Immigration Book: your guide 4 preparing a case, understanding the nursing crisis & recruiting nurses. Get ur copy
Headline: "Don't Ask, Don't Tell," DREAM Act, Head to Senate for Votes This Weekend

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Help Wanted: Immigration Attorney
Washington, DC - Fragomen is looking for an attorney with 1+ years of experience in business immigration with an emphasis on the preparation, review and analysis of nonimmigrant L-1 and H-1B petitions and applications; knowledge of immigration law and procedure; excellent communication and interpersonal skills. Qualified candidates will be highly organized, have a strong work ethic and have meticulous attention to detail. Associate will work with large, global, corporate accounts and have a great deal of direct client contact. Highly competitive salary and benefits. Please email cover letter, resume, and writing sample (Word or Adobe formats only), in confidence, to Robert F. McCafferty, Human Resources/Office Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, at Or fax same to 202-371-2898. EOE.

Help Wanted: Immigration Paralegal
Washington, DC - Maggio + Kattar, a nationally recognized, DC-based immigration law firm seeks an experienced business immigration paralegal. PERM and NIV experience required. Challenging work dealing with international clientele with career advancement possibilities. Excellent work environment, competitive salary and benefits. Please email resume + references to: or fax (202) 483-6801, Attn: Amal Talhame. No calls.

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Credential Evaluation And Translation
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J1 Visa Program
Fast, easy application process; 48-hour processing; $995 processing fee. Welcome to HTP's world of international exchanges. We are a Department of State designated sponsor of the intern and trainee programs. We are the go-to sponsor for numerous immigration attorneys. Email, call 404.843.0688 or find us on the web at

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ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: New Appointment
The Executive Office For Immigration Review swears in nine immigration judges. Attorney General Eric Holder appointed Guadalupe R. Gonzalez, Amiena Khan, Steven A. Morley, David Neumeister, Lee A. O’Connor, Virginia PerezGuzman, Aviva L. Poczter and Rachel A. Ruane and Andrea Sloan.

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

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