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Immigration Daily February 4, 2011
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Comment: The Mean Center - The mean center of population is calculated by the Census Bureau from the census results. The Census Bureau defines it as: "the point at which an imaginary, flat, weightless, and rigid map of the United States would balance perfectly if weights of identical value were placed on it so that each weight represented the location of one person on the date of the census." Wikipedia provides a map which shows the mean centers of population for each census from 1790 through 2010. The mean center follows a line moving steadily westward, steadily southward in the last century, and approximately through the country's geographical middle. We believe that three immigration-related conclusions can be drawn from that map, they are:
(a) The steady westward movement of the mean center shows the extent to which the United States was, and remains, an under-populated country. Based on global population density patterns, adjusting for weather, soil and drainage, the US can easily accommodate hundreds of millions of more people, up to well beyond twice the current population (there is no chance of reaching that number for at least another generation or two, perhaps even three). That the US is under-populated should not be surprising it is a young country in its early to middle stages of population growth, with a long way still to go. That most Americans will find the notion of the US as under-populated as surprising is also a given demographics and population density within the context of an expanding economy is not something that comes naturally to most folks, nor are these subjects taught in high schools far from it: the Malthusians dominate the general culture, which is correspondingly anti-immigration in consequence (while still being pro-immigrant). Immigration is critical to the US reaching toward her manifest destiny as a global population giant.
(b) The sharp southern movement of the mean center from 1920 onwards, accelerating in recent decades, is testament to the growing affluence of Americans. Widespread availability of cheap air-conditioning is part of the reason for the population moving south. A fast-growing economy needs ever-more immigration to continue to bring the blessings of prosperity (in the scheme of grand economic growth, decade after decade, the current "great recession" is not as big a factor as it appears today).
(c) The biggest observation is that the mean center (unsurprisingly) tracks the country's north-south cultural and political division, but (surprisingly) not the country's east-west division along political or cultural lines, for the simple reason that there is no such east-west division. Immigration votes in Congress in the first decade of the 21st Century (there have been 9 major votes) have tracked this north-south division, with the north generally pro-immigration, and the south generally opposed. Such polarity between north and south is not new, but is a founding principle of our Republic, as the mean center map makes graphically clear. Any serious move forward in immigration policy will, of necessity, and in the fullness of time, have to take account of this political and cultural reality.

Article: The Absurdity Of The Birthright Citizen Act Of 2011 by Cyrus D. Mehta

Article: USCIS Revises the M-274 Handbook for Employers on Completing the Form I-9 by John Fay

Article: Q&A Guide To State Immigration Laws: What You Need To Know If Your State Is Considering Arizona SB1070 Type Legislation by The Immigration Policy Center

Article: The Definitive Associate Marketing Checklist by Larry Bodine

Bloggings: Immigrant Of The Day: Joseph Chirlee - Soldier, Runner by Greg Siskind

Bloggings: 15 States Considering Arizona-like Immigration Laws by Matthew Kolken

News: USCIS Publishes Executive Summary Of AAO Stakeholder Engagement

News: CRS Report On The US Foreign-Born Population: Trends And Selected Characteristics

Focus: EVerify And I9s For Experts
Tuesday, February 8 is the deadline to sign up for the Wednesday, February 9 phone session of "EVerify And I9s For Experts" with Robert F. Loughran, Karen Katz Feldman, Charles Kuck, Avalyn Langemeier and others to be announced. The curriculum is as follows:

FIRST Phone Session on February 9:
Real World Advice from Those that Have "Been there/Done that": Preparing for Enhanced Worksite Enforcement of the Form I-9 and Challenges to the Employment Eligibility Verification Process

  1. How to prepare clients proactively
    • Evaluate existing policies and practices
    • Audit existing Forms and determine Deficiencies
    • Identify possible remediation and weigh options
    • Prepare client for what to do in the event the Government Subpoenas, Audits or Raids
  2. Reacting to the government and protecting your clients interests during an enforcement action
  3. Working with or against the government following an enforcement action: Cooperation or preserving objections?
SECOND Phone Session on February 17:
Going Electronic is not Just Logging on and Getting Started
  1. Form I-9 Electronic Software
    • Benefits
    • DHS Final Rule on electronic signatures and storage
    • How to choose an electronic software provider
    • What is a compliant versus non-compliant software, and sez who?
    • What if the Government Challenges an Employer's choice of Electronic Software?
    • Litigation and Remedies
  2. Managing E-Verify (this could be moved to the third session)
    • Tentative non-confirmations & final non-confirmations
    • E-Verify "dos" and "don'ts"
    • Weaknesses in E-Verify
    • Recent E-Verify improvements and potential future changes
    • Results of Customer Satisfaction Survey (10/15/2010)
    • GAO Report (12/2010) and USCIS response
THIRD Phone Session on March 3:
The Whirlwind of New Guidance on What the Government Thinks is Acceptable
  1. Form I-9 Updates
    • Recently revised M-274
    • Changes relating to acceptance of documents
    • Substantive vs. technical errors
    • Most Recent Government Interpretations and declaration of what Mitigation ICE believe is acceptable versus unacceptable
  2. Updates on E-Verify Implementation around the US
Tuesday, February 8 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: 'Anchorbaby' myth is pure fear-mongering
Headline: Congressman Wants Arizona Immigration Law to Go National
Headline: How We See Immigration and Why We're Wrong
Headline: 9th Circuit Upholds Judge Roll's Rulings in Immigration Case
Headline: Texas Latino Republicans Seek Middle Ground on Immigration and BirthrightCitizenship
Headline: Democrat-backed immigration bill approved by House committee
Headline: Arizona ready to challenge federal authority
Headline: Federal Court Upholds Immigrants' Right to Reopen Immigration Cases from Outside the U.S.
Headline: Dems slam Gov. Susana Martinez over immigration reform plan
Headline: Lawmakers consider immigration, licenses issue
Headline: Ex CIA-operative's trial expected to resume Friday
Headline: ACLU threatens to sue Georgia over immigration bills; first hearing on bill to get under way
Headline: Looking for the best candidate? Carry your help wanted ad on Immigration Daily. Find out more details at

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Help Wanted: Immigration Paralegal
San Francisco, CA - The Morgan Lewis Resources Immigration Group seeks an Immigration Senior Paralegal to assist with a wide variety of immigration matters. This position works under the direct supervision of the Attorney, Case Manager, Senior Case Manager and Regional Paralegal Manager; possesses substantive knowledge and exhibits basic strategic thinking and initiative with respect to case and project management; demonstrates increased confidence and expertise; communicates to supervisors fully and in a timely manner status of task completion and new developments; applies good skills of legal research, writing and analysis; and generally manages the caseload and status expirations for clients. Specifically, the responsibilities include providing high level client support as well as the preparation of H-1B, TN, L-1, E-1/E-2, petitions and applications, labor certification applications and Adjustment of Status/Consular Processing applications. A minimum of 2 years business immigration experience and a Bachelor's degree from an accredited college or university is required. Morgan Lewis values collegiality and diversity among our employees. We offer a professional work environment and a compensation package that includes a competitive salary and benefits. We are not accepting applications from agencies. Please apply online by clicking

Help Wanted: Immigration Paralegal
New York, NY - Boutique immigration law firm seeks experienced immigration paralegal to work from own home or office. 5+ years experience in all business and family immigrant and nonimmigrant petitions required. Required to work remotely. Resumes, refs and writing samples to

Help Wanted: Immigration Attorneys
Lees Summit, MO - U.S. Citizenship and Immigration Services (USCIS) Office of the Chief Counsel, Department of Homeland Security (DHS), seeks an experienced attorney with demonstrated experience in the Freedom of Information Act, Privacy Act, and other laws related to federal records. The selectee will work at USCIS. National Records Center (NRC) located in Lees Summit, MO. The selectee for this vacancy will serve as a senior attorney providing advice to the Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials located at the NRC on issues related to federal disclosure laws and other forms of general administrative law in support of USCIS. mission. The attorney would report to the Deputy Chief of the Commercial and Administrative Law Division in Washington, D.C. The attorney must have five or more years of professional legal experience, acquired after being admitted to the bar. For more info, key in Job Announcement Number: COU-CIS-2011-0001 at Submit cover letter, resume, and writing sample (max. 10 pps.) to: Must be received by close of business, Tuesday, February 15, 2011. Position is at the GS-12/GS-13/14/15 level.

Help Wanted: Immigration Attorney
Washington, DC - Immigration law firm in the K Street area of Downtown Washington seeks associate attorney. Ideal candidate will have 2-3 years experience in business/family immigration law, with an emphasis on AOS, H1B, L1 and PERM filings. Interesting work and clientele; no timesheets; latest technology; competitive salary and benefits (401K w/employer match, health insurance, paid vacation, etc). Successful applicants will have broad knowledge of immigration law and procedures; be detail-oriented; able to handle volume; highly organized and strong communicators. Please email resume, cover letter, writing sample and salary requirements, in confidence, to No calls please. EOE.

Expert Witness Services
Muslim World Expert Professor Shaul M. Gabbay, Phd, offers expert testimony in immigration cases from Muslim countries/societies, including the former USSR. Dr. Gabbay prepared reports and testified in 250+ Immigration cases nationwide (asylum, cancellation of removal, asylum interviews, hardship waivers) with a 93% success rate. Examples of what Immigration lawyers say: ... "He is a consummate scholar and passionate about his subject ... He makes a wonderful witness... He is riveting on the witness stand, helping us win nearly unwinnable cases with aplomb. He has won the praise of numerous Immigration Judges." (Svetlana Schreiber, Esq.) ... "He provided the testimony we needed in numerous asylum cases ... in virtually all of those cases, but for the expert witness testimony, I doubt the cases would have been approved, I recommend Professor Gabbay to anyone with issues involving Islamic society and culture." (Stephen Berman, Esq.) ... "His testimonies, whether written or oral, are credible, persuasive, and non-refutable. I have never lost a single case which had Dr. Gabbay on as an expert witness." (Ally Bolour, Esq.). Contact Professor Gabbay with any questions. He can also recomend country experts outside his specialty. Professor Shaul M. Gabbay, Phd, Korbel School of International Studies, University of Denver,, (303) 871-2560.

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ComingsNGoings: Immigration Event
February 9, Teleconference - The USCIS Field Operations Directorate and Office of Public Engagement is pleased to present "USCIS Teleconference to Discuss the Help Haiti Act of 2010". For more info, see

Readers can share professional announcements (up to 100-words at no charge), email:

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